[Federal Register Volume 62, Number 122 (Wednesday, June 25, 1997)]
[Notices]
[Pages 34287-34289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16571]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) being Reviewed by the 
Federal Communications Commission

June 19, 1997.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection(s), as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. An agency may not conduct or 
sponsor a collection of information unless it displays a currently 
valid control number. No person shall be subject to any penalty for 
failing to comply with a collection of information subject to the 
Paperwork Reduction Act (PRA) that does not display a valid control 
number. Comments are requested concerning (a) 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; (b) the accuracy of the Commission's 
burden estimate; (c) ways to enhance the quality, utility, and clarity 
of the information collected; and (d) 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.

DATES: Written comments should be submitted on or before August 25, 
1997. 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 comments to Judy Boley, Federal Communications 
Commissions, Room 234, 1919 M St., N.W., Washington, DC 20554 or via 
internet to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collections contact Judy Boley at 202-418-0214 or 
via internet at [email protected].

SUPPLEMENTARY INFORMATION:

    OMB Approval No.: 3060-0XXX.
    Title: Accounting for Judgements and Other Costs Associated with 
Litigation, CC Docket No. 93-240.
    Form No: N/A.
    Type of Review: New collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 1.
    Estimated Hour Per Response: 36 hours.
    Frequency of Response: On occasion reporting requirement.
    Estimated Total Annual Burden: 36 hours.
    Needs and Uses: In CC Docket No. 93-240, the Commission considers 
the issue of the accounting rules and ratemaking policies that should 
apply to litigation costs incurred by carriers subject to Part 32 of 
its rules and regulations. The Commission concludes that there should 
be special rules to govern the accounting treatment of federal 
antitrust judgements and settlements, in excess of the avoided costs of 
litigation, but not for litigation expenses. The Commission further 
concludes that these special rules should not apply to costs arising in 
other kinds of litigation. To receive recognition of its avoided costs 
of litigation, a carrier must demonstrate, in a request for special 
relief, the avoided costs of litigation by showing the amount 
corresponding to the additional litigation expenses discounted to 
present value, that the carrier reasonably estimates it would have paid 
if it had not settled. A carrier requesting recovery of the avoided 
costs of litigation must accompany its request with clear and 
convincing evidence that, without the settlement, it would have 
incurred the expenses it estimates.

    OMB Control No.: 3060-0760.
    Title: Access Charge Reform, CC Docket No. 96-272 (First Report and 
Order).
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Estimated Annual Burden: 13 respondents; 138,714 hours per response 
(avg.); 1,803,282 total annual burden hours for all collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $31,200.
    Frequency of Response: On occasion reporting requirement.
    Needs and Uses: In the Access Charge Reform First Report and Order, 
the Commission adopts, that, consistent with principles of cost-
causation and economic efficiency, non-traffic sensitive (NTS) costs 
associated with local switching should be recovered on an NTS basis, 
through flat-rated, per month charges. The information collections 
resulting from this Report and Order are as follows. The information 
collected would be submitted to the FCC by incumbent LECs for use in 
determining whether the incumbent LECs should receive the regulatory 
relief proposed in the Order. Compliance is mandatory.
    a. Showings under the Market-Based Approach. As competition 
develops in the market, the FCC will gradually relax and ultimately 
remove existing Part 69 federal access rate structure requirements and 
Part 61 price cap restrictions on rate level changes. Regulatory reform 
will take place in two phases. The first phase of regulatory reform 
will take place when an incumbent LEC network has been opened to 
competition for interstate access services. Detariffing will take place 
when substantial competition has developed for the access charge 
elements. We proposed that in order for LECs to meet this standard, 
they have to demonstrate that: (1) Unbundled network element prices are 
based on geographically deaveraged, forward-looking economic costs in a 
manner that reflects the way costs are incurred; (2) transport and 
termination charges are based on the additional cost of

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transporting and terminating another carrier's traffic; (3) wholesale 
prices for retail services are based on reasonably avoidable costs; (4) 
network elements and services are capable of being provisioned rapidly 
and consistent with a significant level of demand; (5) dialing parity 
is provided by the incumbent LEC to competitors; (6) number portability 
is provided by the incumbent LEC to competitors; (7) access to 
incumbent LEC rights-of-way is provided to competitors; and (8) open 
and non-discriminatory network standards and protocols are put into 
effect. The second phase of rate structure reforms will take place when 
an actual competitive presence has developed in the marketplace. We 
propose that the second phase of rate structure reforms would take 
place when an actual competitive presence has developed in the 
marketplace. LECs would have to show the following to indicate that 
actual competition has developed in the marketplace by: (1) 
Demonstrated presence of competition; (2) full implementation of 
competitively neutral universal service support mechanisms; and (3) 
credible and timely enforcement of pro-competitive rules. (Number of 
respondents: 13; annual hour burden per respondent: 137,986; total 
annual burden 1,793,818).
    b. Cost Study of Local Switching Costs: The FCC does not establish 
a fixed percentage of local switching costs that incumbent LECs must 
reassign to the Common Line basket or newly created Trunk Cards and 
Ports service category as NTS costs. In light of the widely varying 
estimates in the record, we conclude that the portion of costs that is 
NTS costs likely varies among LEC switches. Accordingly, we require 
each price cap LEC to conduct a cost study to determine the 
geographically-averaged portion of local switching costs that is 
attributable to the line-side ports, as defined above, and to dedicated 
trunk side cards and ports. These amounts, including cost support, 
should be reflected in the access charge elements filed in the LEC's 
access tariff effective January 1, 1998. (Number of respondents: 13; 
annual hour burden per respondent: 400 hours; total annual hours: 
5200).
    c. Cost Study of Interstate Access Service that Remain Subject to 
Price Cap Regulation: The 1996 Act has created an unprecedented 
opportunity for competition to develop in local telephone markets. We 
recognize, however, that competition is unlikely to develop at the same 
rate in different locations, and that some services will be subject to 
increasing competition more rapidly than others. We also recognize, 
however, that there will be areas and services for which competition 
may not develop. We will adopt a prescriptive ``backstop'' to our 
market-based approach that will serve to ensure that all interstate 
access customers receive the benefits of more efficient prices, even in 
those places and for those services where competition does not develop 
quickly. To implement our backstop to market-based access charge 
reform, we require each incumbent price cap LEC to file a cost study no 
later than February 8, 2001, demonstrating the cost of providing those 
interstate access services that remain subject to price cap regulation 
because they do not face substantial competition. (Number of 
respondents: 13; annual hour burden per respondent: 8 hours; total 
annual burden: 104 hours).
    c. Tariff Filings. The Commission also adopts several information 
collections relating to tariff filings. Specifically, the Commission 
adopts its proposals to require the filing of various tariffs, with 
modifications. For example, the FCC directs incumbent LECs to establish 
separate rate elements for the multiplexing equipment on each side of 
the tandem switch. LECs must establish a flat-rated charge for the 
multiplexers on the SWC side of the tandem, imposed pro-rate on the 
purchasers of the dedicated trunks on the SWC side of the tandem. 
Multiplexing equipment on the EO side of the tandem shall be charged to 
users of common EO-to-tandem transport on a per-minute of use basis. 
These multiplexer rate elements must be included in the LEC access 
tariff filings to be effective January 1, 1998. (Number of respondents: 
13; annual hour burden per respondent: 320 hours; total annual burden: 
4160 hours).

    OMB Approval No.: 3060-0625.
    Title: Section 24.237, Amendment of the Commission's Rules to 
Establish New Personal Communications Services (Interference 
Protection).
    Form No.: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Individuals or households; business or other for-
profit entities; not-for-profit institutions; state, local or tribal 
governments.
    Number of Respondents: 100.
    Estimated Hour Per Response: 2 hours.
    Frequency of Response: On occasion reporting requirement.
    Estimated Total Annual Burden: 200 hours.
    Needs and Uses: Broadband PCS licensees were required to file 
materials demonstrating their compliance with Sections 24.203, 24.204 
and Section 24.237(b) of the Commission's rules. Collection of 
information for Section 24.203 received OMB approval under OMB control 
number 3060-0621. Section 24.204 has been removed from the Commission's 
rules. Section 24.237(b) requires licensees who unable to solve their 
interference problems to report their coordination process to the 
Commission. The Commission will use this information to resolve 
interference problems.

    OMB Approval No.: 3060-0626.
    Title: Regulatory Treatment of Mobile Services.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; not-for-profit 
institutions.
    Number of Respondents: 10-100.
    Number of Recordkeepers: 500.
    Estimated Hour Per Response: .5-10.9 hours.
    Frequency of Response: Recordkeeping and on occasion reporting 
requirements.
    Estimated Total Annual Burden: 6,923 hours.
    Needs and Uses: This information collection provides the Commission 
with technical, operational and licensing data for common carriers and 
private mobile radio services. This information is necessary to 
establish regulatory symmetry among similar mobile services. Without 
this information, the Commission could not fill its statutory 
obligations.

    OMB Approval No.: 3060-XXXX.
    Title: Section 68.110(c), Availability of Inside Wiring 
Information.
    Form No.: N/A.
    Type of Review: New collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 200.
    Estimated Hour Per Response: 1 hour per response; 6 hours per 
respondent annually.
    Frequency of Response: On occasion reporting requirement.
    Estimated Total Annual Burden: 1,200 hours.
    Needs and Uses: In CC Docket No. 88-57, the Commission amended 
rules defining the demarcation point to: (1) Clarify the location, 
within 12 inches at the point at which it enters the customer's 
premises; (2) indicate only major additions or rearrangements of 
existing wire are to be treated as new installations; (3) allow owners 
of multiunit buildings to restrict their customer access to only that 
wiring with a tenant's individual unit; and (4) require telephone 
companies to provide

[[Page 34289]]

building owners with all available information regarding carrier-
installed wiring on the customer's side of the demarcation point. 
Building owners will be able to contract with an installer of their 
choice for maintenance and installation service, or elect to contract 
with the telephone company to modify existing wiring or assist with the 
installation of additional inside wiring.

    OMB Approval No.: 3060-0745.
    Title: Implementation of the Local Exchange Carrier Tariff 
Streamlining Provisions in the Telecommunications Act of 1996, CC 
Docket 96-187.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 110.
    Estimated Hour Per Response: 37.18 hours (avg).
    Frequency of Response: On occasion reporting requirement.
    Estimated Total Annual Burden: 4,090 hours.
    Needs and Uses: In CC Docket No. 96-187, the Commission adopted 
measures to implement the specific streamlining tariff filing 
requirements for local exchange carriers (LECs) of the 
Telecommunications Act of 1996. In order to achieve a streamlined and 
deregulatory environment for local exchange carrier tariff filings, the 
item will permit local exchange carriers to file tariffs 
electronically.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-16571 Filed 6-24-97; 8:45 am]
BILLING CODE 6712-01-P