83 FR 60857 - Information Collection Being Reviewed by the Federal Communications Commission
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 228 (November 27, 2018)
Federal Register Volume 83, Issue 228 (November 27, 2018)
| Page Range | 60857-60859 | |
| FR Document | 2018-25794 |
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)] [Notices] [Pages 60857-60859] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25794] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-1151] Information Collection Being Reviewed by the Federal Communications Commission 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 of 1995 (PRA), 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 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 Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number. DATES: Written PRA comments should be submitted on or before January 28, 2019. 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, (202) 418-2991. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060-1151. Title: Sections 1.1411, 1.1412, 1.1413, and 1.1415 Pole Attachment Access Requirements. Form Number: N/A. Type of Review: Revision of a currently-approved collection. Respondents: Business or other for-profit. Number of Respondents: 1,142 respondents; 145,538 responses. Estimated Time per Response: 0.5-6 hours. Frequency of Response: On-occasion reporting requirement, recordkeeping requirement, and third-party disclosure requirement. Obligation to Respond: Mandatory. Statutory authority for this information collection is contained in 47 U.S.C. 224. Total Annual Burden: 554,410 hours. Total Annual Cost: $6,750,000. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: No questions of a confidential nature are asked. Needs and Uses: The Commission is requesting Office of Management and Budget (OMB) approval for revisions to, [[Page 60858]] and a three-year extension of, this information collection. In Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WC Docket No. 17-84, WT Docket No. 17-70, Third Report and Order and Declaratory Ruling, FCC 18-111 (2018) (Order), the Commission adopted rules that implement the pole attachment requirements in section 224 of the Communications Act of 1934, as amended. The Order substantially revised 47 CFR 1.1411, 1.1412, and 1.1413. It also added new 47 CFR 1.1415. Section 1.1411. In the Order, the Commission adopted a new one- touch, make-ready (OTMR) process for when a telecommunications carrier or cable television system (new attacher) elects to do the work itself to prepare a utility pole for a simple wireline attachment in the communications space. As part of the OTMR process, the new attacher typically first conducts a survey of the affected poles, giving the utility and existing attachers a chance to be present for the survey. New attachers must elect the OTMR process in their pole attachment application and must demonstrate to the utility that the planned work qualifies for OTMR. The utility then must determine whether the pole attachment application is complete and whether the work qualifies for OTMR, and then must either grant or deny pole access and explain its decision in writing. The utility also can object to the new attacher's determination that the work qualifies for OTMR, and that objection is final and determinative so long as it is specific and in writing, includes all relevant evidence and information supporting its decision, made in good faith, and explains how such evidence and information relates to a determination that the make-ready is not simple. If the new attacher's OTMR application is approved, then it can proceed with OTMR work by giving advance notice to the utility and existing attachers and allowing them an opportunity to be present when OTMR work is being done. New attachers must provide immediate notice to affected utilities and existing attachers if outages or equipment damage is caused by their OTMR work. Finally, new attachers must provide notice to affected utilities and existing attachers after OTMR work is completed, allowing them to inspect the work and request remediation, if necessary. The Commission also adopted changes to its existing pole attachment timeline, which still will be used for complex work, work above the communications space on a utility pole, and in situations where new attachers do not want to elect OTMR. The Commission largely kept the existing pole attachment timeline intact, except for the following changes: (1) Revising the definition of a complete pole attachment application and establishing a timeline for a utility's determination whether an application is complete; (2) requiring utilities to provide at least three business days' advance notice of any surveys to attachers; (3) establishing a 30-day deadline for completion of all make-ready work in the communications space; (4) eliminating the 15-day utility make-ready period for communications space attachments; (5) streamlining the utility's notice requirements; (6) enhancing the new attacher's self-help remedy by making the remedy available for surveys and make-ready work for all attachments anywhere on the pole in the event that the utility or the existing attachers fail to meet the required deadlines; (7) providing notice requirements when new attachers elect self-help, such notices to be given when new attachers perform self-help surveys and make-ready work, when outages or equipment damage results from self-help work, and upon completion of self-help work to allow for inspection; (8) allowing utilities to meet the survey requirement by electing to use surveys previously prepared on the affected poles by new attachers; and (9) requiring utilities to provide detailed make-ready cost estimates and final invoices on a pole-by-pole basis if requested by new attachers. Both utilities and existing attachers can deviate from the existing pole attachment make- ready timeline for reasons of safety or service interruption by giving written notice to the affected parties that includes a detailed explanation of the need for the deviation and a new completion date. The deviation shall be for a period no longer than necessary to complete make-ready on the affected poles, and the deviating party shall resume make-ready without discrimination when it returns to routine operations. Section 1.1412. The Commission required utilities to make available, and keep up-to-date, a reasonably sufficient list of contractors that they authorize to perform surveys and make-ready work that are complex or involve self-help work above the communications space of a utility pole. Attachers can request to add to the list any contractor that meets certain minimum qualifications, subject to the utility's ability to reasonably object. For simple work, a utility may, but is not required, to keep an up-to-date, reasonably sufficient list of contractors that they authorize to perform surveys and simple make- ready work. For any utility-supplied contractor list, the utility must ensure that the contractors meet certain minimum requirements. Attachers can request to add to the list any contractor that meets the minimum qualifications, subject to the utility's ability to reasonably object. If the utility does not provide a list of approved contractors for surveys or simple make-ready, or no utility-approved contractor is available within a reasonable time period, then the new attacher may choose its own qualified contractor that meets the minimum requirements, subject to notice and the utility's ability to disqualify the chosen contractor for reasonable safety or reliability concerns. Section 1.1413. The Commission established a presumption that in a complaint proceeding challenging a utility's rates, terms, or conditions of pole attachment, an incumbent local exchange carrier (LEC) is similarly situated to an attacher that is a telecommunications carrier or a cable television system providing telecommunications services for purposes of obtaining comparable pole attachment rates, terms, or conditions. To rebut the presumption, the utility must demonstrate by clear and convincing evidence that the incumbent LEC receives benefits under its pole attachment agreement with a utility that materially advantages the incumbent LEC over other telecommunications carriers or cable television systems providing telecommunications service on the same poles. Such a presumption applies only to pole attachment agreements entered into, or renewed after, the effective date of the Order, The Commission addressed the paperwork burdens for changes to Section 1.1413 in a separate collection--OMB Control No. 3060-0392, 47 CFR part 1 Subpart J--Pole Attachment Complaint Procedures. Section 1.1415. The Commission adopted a new rule codifying its policy that utilities may not require an attacher to obtain prior approval for overlashing on an attacher's existing wires or for third- party overlashing of an existing attachment when such overlashing is conducted with the permission of the existing attacher. In addition, the Commission adopted a rule that allows utilities to establish reasonable advance notice requirements for overlashing (up to 15 days' advance notice). If a utility requires advance notice for overlashing, then the utility must provide existing attachers with advance written notice of the notice requirement or include the notice requirement in the attachment agreement with the existing attacher. If, [[Page 60859]] after receiving advance notice, the utility determines that an overlash would create a capacity, safety, reliability, or engineering issue, then it must provide specific documentation of the issue to the party seeking to overlash within the 15-day advance notice period, and the party seeking to overlash must address any identified issues before continuing with the overlash either by modifying its proposal or by explaining why, in the party's view, a modification is unnecessary. An overlashing party must notify the affected utility within 15 days of completion of the overlash and provide the affected utility at least 90 days to inspect the overlash. If damage or code violations are discovered by the utility during the inspection, then it must notify the overlashing party, provide adequate documentation of the problem, and elect to either fix the problem itself at the overlashing party's expense or require remediation by the overlashing party. Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer, Office of the Secretary. [FR Doc. 2018-25794 Filed 11-26-18; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices 60857
Governing the Licensing of, and RM–11791, RM–11778 (FCC 18–91). information shall have practical utility;
Spectrum Usage by, Commercial Earth The Order has been published in the the accuracy of the Commission’s
Stations and Space Stations. Federal Register. 83 FR 42043 (Aug. 20, burden estimate; ways to enhance the
Form Nos.: FCC Form 312; Schedule 2018). quality, utility, and clarity of the
A; Schedule B; Schedule S; FCC Form In this proceeding, the Commission information collected; ways to minimize
312–EZ; FCC Form 312–R. seeks to identify potential opportunities the burden of the collection of
Type of Review: Revision of a for additional terrestrial use for wireless information on the respondents,
currently approved information broadband services of 500 megahertz of including the use of automated
collection. mid-band spectrum between 3.7–4.2 collection techniques or other forms of
Respondents: Business or other for- GHz. In response to concerns that the information technology; and ways to
profit entities; not-for-profit entities. Commission’s information regarding further reduce the information
Number of Respondents: 7,170 current use of the band is inaccurate collection burden on small business
respondents; 7,219 responses. and/or incomplete, the Commission concerns with fewer than 25 employees.
Estimated Time per Response: 0.5–80 adopted an Order requesting additional The FCC may not conduct or sponsor
hours per response. information from operators in the fixed- a collection of information unless it
Frequency of Response: On occasion, satellite service (FSS). Specifically, for displays a currently valid Office of
one time, and annual reporting FSS operators in the 3.7–4.2 GHz band, Management and Budget (OMB) control
requirements; third-party disclosure the Order (1) requests additional number. No person shall be subject to
requirement; recordkeeping information on the operations of any penalty for failing to comply with
requirement. temporary-fixed earth station licensees, a collection of information subject to the
Obligation to Respond: Required to and (2) requests additional information PRA that does not display a valid OMB
obtain or retain benefits. The statutory on the operations of space stations. This control number.
authority for this collection is contained information collection will provide the DATES: Written PRA comments should
in 47 U.S.C. 154, 301, 302, 303, 307, Commission and the public with
309, 310, 319, 332, 605, and 721. be submitted on or before January 28,
additional information about existing 2019. If you anticipate that you will be
Total Annual Burden: 42,014 hours.
Annual Cost Burden: $12,411,120. FSS operators that will be used to submitting comments, but find it
Privacy Act Impact Assessment: No consider potential new terrestrial difficult to do so within the period of
impact(s). services in the 3.7–4.2 GHz band while time allowed by this notice, you should
Nature and Extent of Confidentiality: protecting the interests of those FSS advise the contact listed below as soon
In general, there is no need for operators. The Order also requires as possible.
confidentiality with this collection of certain earth station operators to file ADDRESSES: Direct all PRA comments to
information. Certain information certifications that information on file Nicole Ongele, FCC, via email PRA@
collected regarding international with the Commission remains accurate. fcc.gov and to Nicole.ongele@fcc.gov.
coordination of satellite systems is not Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: For
routinely available for public inspection Katura Jackson, additional information about the
pursuant to 5 U.S.C. 552(b) and 47 CFR Federal Register Liaison Officer, Office of the information collection, contact Nicole
0.457(d)(vii). Secretary. Ongele, (202) 418–2991.
Needs and Uses: The Federal [FR Doc. 2018–25800 Filed 11–26–18; 8:45 am] SUPPLEMENTARY INFORMATION:
Communications Commission requests BILLING CODE 6712–01–P OMB Control Number: 3060–1151.
that the Office of Management and Title: Sections 1.1411, 1.1412, 1.1413,
Budget (OMB) approve a revision of the and 1.1415 Pole Attachment Access
information collection titled ‘‘Part 25 of FEDERAL COMMUNICATIONS Requirements.
the Federal Communications COMMISSION Form Number: N/A.
Commission’s Rules Governing the Type of Review: Revision of a
Licensing of, and Spectrum Usage By, [OMB 3060–1151]
currently-approved collection.
Commercial Earth Stations and Space Information Collection Being Reviewed Respondents: Business or other for-
Stations’’ under OMB Control No. 3060– by the Federal Communications profit.
0678, as a result of a recent rulemaking Commission Number of Respondents: 1,142
discussed below. respondents; 145,538 responses.
On July 13, 2018, the Federal AGENCY: Federal Communications Estimated Time per Response: 0.5–6
Communications Commission Commission. hours.
(‘‘Commission’’) released an Order ACTION: Notice and request for Frequency of Response: On-occasion
titled, ‘‘In the Matter of Expanding comments. reporting requirement, recordkeeping
Flexible Use of the 3.7 to 4.2 GHz Band; requirement, and third-party disclosure
Expanding Flexible Use in Mid-Band SUMMARY: As part of its continuing effort requirement.
Spectrum Between 3.7 and 24 GHz; to reduce paperwork burdens, and as Obligation to Respond: Mandatory.
Petition for Rulemaking to Amend and required by the Paperwork Reduction Statutory authority for this information
Modernize Parts 25 and 101 of the Act of 1995 (PRA), the Federal collection is contained in 47 U.S.C. 224.
Commission’s Rules to Authorize and Communications Commission (FCC or Total Annual Burden: 554,410 hours.
Facilitate the Deployment of Licensed Commission) invites the general public Total Annual Cost: $6,750,000.
Point-to-Multipoint Fixed Wireless and other Federal agencies to take this Privacy Act Impact Assessment: No
amozie on DSK3GDR082PROD with NOTICES1
Broadband Service in the 3.7–4.2 GHz opportunity to comment on the impact(s).
Band; Fixed Wireless Communications following information collections. Nature and Extent of Confidentiality:
Coalition, Inc., Request for Modified Comments are requested concerning: No questions of a confidential nature are
Coordination Procedures in Band Whether the proposed collection of asked.
Shared Between the Fixed Service and information is necessary for the proper Needs and Uses: The Commission is
the Fixed Satellite Service,’’ GN Docket performance of the functions of the requesting Office of Management and
No. 18–122, GN Docket No. 17–183, Commission, including whether the Budget (OMB) approval for revisions to,
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![Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices 60859
after receiving advance notice, the including the use of automated performance of the functions of the
utility determines that an overlash collection techniques or other forms of Commission, including whether the
would create a capacity, safety, information technology; and ways to information shall have practical utility;
reliability, or engineering issue, then it further reduce the information the accuracy of the Commission’s
must provide specific documentation of collection burden on small business burden estimate; ways to enhance the
the issue to the party seeking to overlash concerns with fewer than 25 employees. quality, utility, and clarity of the
within the 15-day advance notice The Commission may not conduct or information collected; ways to minimize
period, and the party seeking to sponsor a collection of information the burden of the collection of
overlash must address any identified unless it displays a currently valid information on the respondents,
issues before continuing with the Office of Management and Budget including the use of automated
overlash either by modifying its (OMB) control number. No person shall collection techniques or other forms of
proposal or by explaining why, in the be subject to any penalty for failing to information technology; and ways to
party’s view, a modification is comply with a collection of information further reduce the information
unnecessary. An overlashing party must subject to the PRA that does not display collection burden on small business
notify the affected utility within 15 days a valid OMB control number. concerns with fewer than 25 employees.
of completion of the overlash and DATES: Written comments should be OMB Control Number: 3060–XXXX.
provide the affected utility at least 90 submitted on or before December 27, Title: Intermediate Provider Registry,
days to inspect the overlash. If damage 2018. If you anticipate that you will be WC Docket No. 13–39.
or code violations are discovered by the submitting comments, but find it Form Number: N/A.
difficult to do so within the period of Type of Review: New information
utility during the inspection, then it
time allowed by this notice, you should collection.
must notify the overlashing party, Respondents: Business or other for-
provide adequate documentation of the advise the contacts listed below as soon
profit entities.
problem, and elect to either fix the as possible. Number of Respondents and
problem itself at the overlashing party’s ADDRESSES: Direct all PRA comments to Responses: 168 respondents; 168
expense or require remediation by the Nicholas A. Fraser, OMB, via email responses.
overlashing party. Nicholas_A._Fraser@omb.eop.gov; and Estimated Time per Response: 1 hour.
Federal Communications Commission. to Nicole Ongele, FCC, via email PRA@ Frequency of Response: Third-party
Katura Jackson, fcc.gov and to Nicole.Ongele@fcc.gov. disclosure; one-time reporting
Include in the comments the OMB requirement; on occasion reporting
Federal Register Liaison Officer, Office of the
Secretary. control number as shown in the requirement.
SUPPLEMENTARY INFORMATION below. Obligation to Respond: Required to
[FR Doc. 2018–25794 Filed 11–26–18; 8:45 am]
FOR FURTHER INFORMATION CONTACT: For obtain or retain benefits. Statutory
BILLING CODE 6712–01–P
additional information or copies of the authority for this collection is contained
information collection, contact Nicole in sections 1, 4(i), 201(b), 202(a), 217,
FEDERAL COMMUNICATIONS Ongele at (202) 418–2991. To view a and 262 of the Communications Act of
COMMISSION copy of this information collection 1934, as amended, 47 U.S.C. 151, 154(i),
request (ICR) submitted to OMB: (1) Go 201(b), 202(a), 217, and 262.
[OMB 3060–XXXX] to the web page, http://www.reginfo.gov/ Total Annual Burden: 168 hours.
public/do/PRAMain, (2) look for the Total Annual Cost: No Cost.
Information Collection Being Privacy Act Impact Assessment: No
section of the web page called
Submitted for Review and Approval to impact(s).
‘‘Currently Under Review,’’ (3) click on
the Office of Management and Budget Nature and Extent of Confidentiality:
the downward-pointing arrow in the
‘‘Select Agency’’ box below the The Commission is not requesting that
AGENCY: Federal Communications
‘‘Currently Under Review’’ heading, (4) the respondents submit confidential
Commission.
select ‘‘Federal Communications information to the FCC. Respondents
ACTION: Notice and request for may, however, request confidential
comments. Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box, treatment for information they believe to
SUMMARY: As part of its continuing effort (5) click the ‘‘Submit’’ button to the be confidential under 47 CFR 0.459 of
to reduce paperwork burdens, and as right of the ‘‘Select Agency’’ box, (6) the Commission’s rules.
Needs and Uses: The Improving Rural
required by the Paperwork Reduction when the list of FCC ICRs currently
Call Quality and Reliability Act of 2017
Act (PRA) of 1995, the Federal under review appears, look for the OMB
(RCC Act), Public Law 115–129,
Communications Commission (FCC or control number of this ICR and then
requires the Commission establish a
the Commission) invites the general click on the ICR Reference Number. A
registry for intermediate providers and
public and other Federal agencies to copy of the FCC submission to OMB
requires intermediate providers register
take this opportunity to comment on the will be displayed.
with the Commission before offering to
following information collection. SUPPLEMENTARY INFORMATION: As part of
transmit covered voice communications.
Comments are requested concerning: its continuing effort to reduce The information collected through this
Whether the proposed collection of paperwork burdens, and as required by information collection will be used to
information is necessary for the proper the Paperwork Reduction Act (PRA) of implement Congress’s direction to the
performance of the functions of the 1995 (44 U.S.C. 3501–3520), the Federal Commission to establish an
Commission, including whether the Communications Commission (FCC or
amozie on DSK3GDR082PROD with NOTICES1
intermediate provider registry.
information shall have practical utility; the Commission) invites the general
the accuracy of the Commission’s public and other Federal agencies to Federal Communications Commission.
burden estimate; ways to enhance the take this opportunity to comment on the Katura Jackson,
quality, utility, and clarity of the following information collection. Federal Register Liaison Officer, Office of the
information collected; ways to minimize Comments are requested concerning: Secretary.
the burden of the collection of Whether the proposed collection of [FR Doc. 2018–25797 Filed 11–26–18; 8:45 am]
information on the respondents, information is necessary for the proper BILLING CODE 6712–01–P
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Document Created: 2018-11-27 01:25:20
Document Modified: 2018-11-27 01:25:20
| 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 January 28, 2019. 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, (202) 418-2991. | |
| FR Citation | 83 FR 60857 |
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