[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] ======================================================================= ----------------------------------------------------------------------- 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 [[Page 34288]] 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