[Federal Register Volume 62, Number 177 (Friday, September 12, 1997)]
[Notices]
[Pages 48088-48089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24212]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collection(s) Being Reviewed by the Federal 
Communications Commission

September 8, 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 November 12, 
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 
Commission, 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.: 3060-0704.
    Title: Policy and Rules Concerning the Interstate, Interexchange 
Marketplace, Implementation of Section 254(g) of the Communications Act 
of 1934, as amended, CC Docket No. 96-61.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 519.
    Estimated Hour Per Response: 146 hours per response (average).
    Frequency of Response: On occasion, annual one-time reporting 
requirement.
    Cost to Respondents: $435,000.
    Estimated Total Annual Burden: 75,895 hours.
    Needs and Uses: In the Order on Reconsideration issued in CC Docket 
96-61 (released 8/20/97), the Commission amended the collections 
adopted in the Second Report and Order in this proceeding.
    a. Tariff cancellation requirement: In the Order on 
Reconsideration, the Commission concludes that, with two exceptions, 
the statutory forbearance criteria in Section 10 of the Communications 
Act, as amended, are met for the Commission no longer to require or 
allow nondominant interexchange carriers to file tariffs pursuant to 
Section 203 for their interstate, domestic, interexchange services. The 
Commission further concludes that nondominant interexchange carriers 
are allowed to file tariffs for: (1) Their interstate, domestic, 
interexchange direct-dial services to which end-users obtain access by 
dialing a carrier's carrier access code (dial-around 1+services), and 
(2) interstate, domestic, interexchange services provided by a 
nondominant interexchange carrier for the lesser period of the initial 
45 days of service or until there is a written contract between the 
carrier and the customer, in those limited circumstances in which a 
prospective customer contacts the LEC to select an interexchange 
carrier or to initiate a change in his or her primary carrier. See 47 
CFR Section 61.20.
    In order to implement the Commission's detariffing policy, the 
Second Report and Order requires nondominant interexchange carriers to 
cancel their tariffs for interstate, domestic, interexchange services 
on file with the Commission within nine months of the effective date of 
that Order. That requirement, however, was not implemented by the 
carriers in light of the stay of the Second Report and Order, pending 
judicial review, entered by the United States Court of Appeals for the 
District of Columbia Circuit on February 13, 1997. The Order on 
Reconsideration provides that the Common Carrier Bureau will determine 
the appropriate transition period when the detariffing rules become 
effective. Nondominant interexchange carriers that have on file with 
the Commission tariff offerings that contain services subject to 
different tariffing requirements (e.g., tariff offerings that include 
dial-around 1+services and service to new customers that contact the 
LEC to select an interexchange carrier or to initiate a change in their 
primary interexchange carrier, for which carriers are permitted to file 
tariffs, and tariff offerings that combine international services, 
which still must be tariffed, with interstate, domestic, interexchange 
services, which are detariffed), may comply with the Order on 
Reconsideration either by: (1) Cancelling the entire tariff and 
refiling a new tariff for only those services for which tariffs are 
required or permitted (519 respondents  x  2 hours per page = 2504 
annual burden hours); or (2) issuing revised pages cancelling the 
material in the tariffs that pertain to those services subject to 
forbearance (519 respondents  x  2 hours per page = 72,094 burden 
hours).
    b. Information disclosure requirement: The Order on Reconsideration 
eliminates the requirement that nondominant interexchange carriers make 
information on current rates, terms, and conditions for all of their 
interstate, domestic, interexchange services available to any member of 
the public in an easy to understand format and in a timely manner, for 
purposes of enforcing Section 254(g) of the Communications Act, as 
amended.
    c. Recordkeeping requirement: In the Order on Reconsideration, the 
Commission affirms its conclusion in the Second Report and Order to 
require nondominant interexchange carriers to maintain at their 
premises price and service information regarding all of their 
interstate, domestic, interexchange service offerings that they can 
submit to the Commission upon request. The

[[Page 48089]]

Commission clarifies in the Order on Reconsideration that nondominant 
interexchange carriers should retain the documents supporting the 
rates, terms, and conditions of the carriers' interstate, domestic, 
interexchange offerings. Nondominant interexchange carriers are 
required to retain the foregoing records for a period of at least two 
years and six months following the date the carrier ceases to provide 
services on such rates, terms and conditions, in order to afford the 
Commission sufficient time to notify a carrier of the filing of a 
complaint, which generally must be filed within two years from the time 
the cause of action accrues (in the event a complaint is filed against 
a carrier, the carrier will be required to retain documents relating to 
the complaint until the complaint is resolved). See 47 CFR Section 
42.11. Nondominant interexchange carriers are required to maintain the 
foregoing records in a manner that allows them to produce such records 
within ten business days of receipt of a Commission request, and to 
file with the Commission, and update as necessary, the name, address, 
and telephone number of the individual, or individuals, designated by 
the carrier to respond to Commission inquiries and requests for 
documents. The availability of such records will enable the Commission 
to meet its statutory duty of ensuring that such carriers' rates, 
terms, and conditions for service are just, reasonable, and not 
unreasonably discriminatory, and that these carriers comply with the 
geographic rate averaging and rate integration requirements of the 1996 
Act. In addition, maintenance of such records will enable the 
Commission to investigate and resolve complaints. (519 respondents  x  
2 hours per response = 1038 annual burden hours).
    d. Certification Requirement: In the Second Report and Order, the 
Commission adopted its proposal to require nondominant interexchange 
carriers to file certifications with the Commission stating that they 
are in compliance with their statutory geographic rate averaging 
obligations under Section 254(g) of the Communications Act, as amended. 
These providers must also file certifications with the Commission 
stating that they are in compliance with their statutory rate 
integration obligations under Section 254(g). See 47 CFR 64.1900. This 
requirement is reaffirmed in the Order on Reconsideration. (519 
respondents  x  .05 hours per response = 259.5 annual burden hours).
    The information collected under the tariff cancellation requirement 
must be disclosed to the Commission, and will be used to implement the 
Commission's detariffing policy. The information collected under the 
recordkeeping and other requirements will be used by the Commission to 
ensure that affected interexchange carriers fulfill their obligations 
under the Communications Act, as amended.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-24212 Filed 9-11-97; 8:45 am]
BILLING CODE 6712-01-P