[Federal Register Volume 62, Number 207 (Monday, October 27, 1997)]
[Notices]
[Pages 55638-55641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28362]


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FEDERAL COMMUNICATIONS COMMISSION


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

October 20, 1997.

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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 December 26, 
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 collection(s), contact Judy Boley at 202-418-0214 or 
via internet at [email protected].

SUPPLEMENTARY INFORMATION:

    OMB Control No.: 3060-0789.
    Title: Modified Alternative Plan, CC Docket No. 90-571, Order (1997 
Suspension Order).
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Businesses or other for profit.
    Number of Respondents: 36 respondents.
    Estimated Time Per Response: 13 hours per response (avg.).
    Frequency of Response: On occasion; one-time requirement.
    Total Annual Burden: 468 total annual burden hours for all 
collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Needs and Uses: Title IV of the Americans with Disabilities Act of 
1990 (``ADA'') requires each common carrier providing voice 
transmission services to provide Telecommunications Relay Services 
(``TRS'') throughout the area it

[[Page 55639]]

serves to individuals with hearing and speech disabilities by 1993. The 
TRS enables customers with hearing or speech disabilities to use the 
telephone network in ways that are ``functionally equivalent'' to those 
used by customers using traditional telephone service. Under the 
Commission's rules, the TRS must be able to handle all calls normally 
provided by common carriers, unless those carriers demonstrate the 
infeasibility of doing so. The Commission has interpreted ``all calls'' 
to include coin sent-paid calls, which are calls made by depositing 
coins in a standard coin-operated public payphone. The Bureau has 
suspended enforcement of the requirement that carriers provide coin 
sent' paid calls through the TRS centers since 1993 based on common 
carriers' representations that it has been technically infeasible to 
provide the coin sent-paid service through the TRS centers (``coin 
sent-paid rule''). Since 1995, carriers have made payphones accessible 
to TRS users through an Alternative Plan (``Alternative Plan''). The 
Alternative Plan enables TRS users to make local relay calls for free 
and to make toll calls from payphones using calling or prepaid cards at 
or below the coin call rates. The Alternative Plan also requires 
carriers to educate TRS users about the alterative payment methods for 
the TRS users to make relay calls from payphones. In Telecommuni- 
cations Relay Services, and the Americans with Disabilities Act of 
1990, Order, (released 8/21/97), (1997 Suspension Order), the Common 
Carrier Bureau (``Bureau'') suspended the enforcement of the 
requirement that the TRS be capable of handling coin sent-paid calls 
for one year until August 26, 1998 because the only technological 
solution that can provide the coin sent-paid calls through the TRS 
centers, coin signalling interface (``CSI''), has serious deficiencies 
and no new technological solution appears imminent. In the 1997 
Suspension Order, the Bureau recommends that during the one year 
suspension, the Commission conduct a rulemaking on coin sent-paid 
issues to gather information sufficient to ensure that the Commission's 
final decision on whether the TRS must be capable of handling coin 
sent-paid calls is based on a complete and fresh record. In addition, 
the Bureau directed the industry to continue to make payphones 
accessible to TRS users under the terms of the Alternative Plan, as set 
forth in Telecommunications Relay Services, and the ADA, Memorandum 
Opinion and Order, 10 FCC Rcd 10927 (1995) (``1995 Suspension Order''), 
and as modified by the 1997 Suspension Order. The 1997 Suspension Order 
modifies the Alternative by requiring industry to: (1) Send a consumer 
education letter to TRS centers (no. of respondents: 1; hour burden per 
respondent: 4 hours; total annual burden: 4); (2) inform organizations 
representing the hearing and speech disability community before 
attending their regional and national meetings who will be present at 
the meeting, where the industry booth will be located, and at what 
times the booth will be in operation (no. of respondents: 1; hour 
burden per respondent: 15 mins.; total annual burden: 1.5 hours); (3) 
publish an article in Consumer Action Network (``Can's'') respective 
organizations' magazines or newsletters (no. of respondents: 1; hour 
burden per respondent: 8 hours; total annual hour burden: 8 hours); (4) 
send a letter directly to all CAN's members (no of respondents: 1; hour 
burden per respondent: 4 hours; total annual burden: 4 hours); (5) 
create laminated cards with visual characters that will provide a 
pictorial explanation to accompany the text describing access to TRS 
centers from payphones to be distributed to TRS users (no. of 
respondents: 30; hour burden per respondent: 15 hours; total annual 
hour burden: 450 hours); and (6) work jointly with affected communities 
to draft and submit a report within two months of the publication of a 
summary of the 1997 Suspension order in the Federal Register (no. of 
respondents: 1; hour burden per respondent: 7 hours; total annual hour 
burden: 7 hours). The Commission has imposed these third party 
disclosure requirements to educate TRS users abut their ability to make 
relay calls from payphones, the payment methods available and the rates 
for the payphone calls. The report will help the Commission assess the 
effectiveness of the current consumer education programs and determine 
whether further requirements to educate TRS users about their ability 
to make relay calls from payphones are warranted.

    OMB Control No.: 3060-0330.
    Title: Part 62--Applications to Hold Interlocking Directorates.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Businesses or other for profit.
    Number of Respondents: 10.
    Estimated Time Per Response: 2 hours per response (avg.).
    Frequency of Response: On occasion.
    Total Annual Burden: 20 total annual burden hours for all 
collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Needs and Uses: The collection of information is authorized by 47 
U.S.C. Section 212. Congress mandated information collection under 47 
U.S.C. Section 212 to be conducted by the Federal Communications 
Commission to monitor the effect of interlocking directorates on the 
telecommunications industry and to ensure they will not have any 
anticompetitive impact. Information is used to ensure that the effect 
of interlocking directorates will not have an anticompetitive impact in 
the telecommunications industry.

    OMB Control No.: 3060-0439.
    Title: Regulations Concerning Indecent Communications by Telephone.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Businesses or other for profit.
    Number of Respondents: 10,200.
    Estimated Time Per Response: .13 hours per response (avg.) (about 8 
minutes).
    Frequency of Response: On occasion.
    Total Annual Burden: 1,632 total annual burden hours for all 
collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Needs and Uses: Section 223 of the Communications Act of 1934, as 
amended, 47 USC Section 223 imposes fines and penalties on those who 
knowingly use the telephone to make obscene or indecent communications 
for commercial purposes. The fines and penalties are applicable to 
those who use the telephone, or permit their telephone to be used, for 
obscene communications to any person and to those who use the telephone 
for indecent communications to persons under 18 years of age or to 
adults without their consent. Section 223 requires telephone companies, 
to the extent technically feasible, to prohibit access to indecent 
communications from the telephone of a subscriber who has not 
previously requested access. The rules and regulations establish 
defenses to prosecution where the defendant restricts access to the 
prohibited indecent communications to persons 18 years of age or older 
by complying with the Commission's procedures. Section 64.201 contains 
several information collection requirements: (1) a requirement that 
certain common carriers block access to indecent messages unless the 
subscriber seeks access from the common carrier (telephone company) in 
writing; (2) a requirement that adult message service

[[Page 55640]]

providers notify their carriers to the nature of their programming; and 
(3) a requirement that a provider of adult message services request 
that their carriers identify it as such in bills to its subscribers. 
The information requirements are imposed on carriers, adult message 
service providers and those who solicit their services to ensure that 
minors are denied access to material deemed indecent.

    OMB Control No.: 3060-0355.
    Title: Rate of Return Reports, FCC Forms 492 and 492A.
    Form No.: FCC Forms 492 and 492A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Businesses or other for profit.
    Number of Respondents: 88.
    Estimated Time Per Response: 8 hours per response (avg.).
    Frequency of Response: Annual.
    Total Annual Burden: 704 total annual burden hours for all 
collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Needs and Uses: Filing of FCC Form 492 and FCC Form 492A is 
required by Sections 1.795 and 65.600 of the FCC Rules and Section 219 
of the Communications Act of 1934, as amended. Filing of the FCC Form 
492 on an annual basis is required from each local exchange carriers or 
group of affiliated carriers which is not subject to Sections 61.41 
through 61.49 of the Commission's Rules and which has filed individual 
access tariffs during the enforcement period. Each local exchange 
carrier or group of affiliated carriers subject to the previously 
stated sections shall file the FCC Form 492A report with the Commission 
for the calendar year. The forms are necessary to enable the Commission 
to monitor the access tariffs and to enforce maximum rate of return 
prescriptions and price cap earnings levels. A copy of each report must 
be retained in the principal office of the respondent and shall be 
filed in such manner as to be readily available for reference and 
inspection.

    OMB Control No.: 3060-0422.
    Title: Section 68.5, Waivers (Application for Waiver of Hearing Aid 
Compatibility Requirement).
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Businesses or other for profit.
    Number of Respondents: 10.
    Estimated Time Per Response: 3 hours per response (avg.).
    Frequency of Response: On occasion.
    Total Annual Burden: 30 total annual burden hours for all 
collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Needs and Uses: Section 710(b) of the Communications Act of 1934, 
as amended, requires that almost all telephones manufactured in or 
imported into this country after August 16, 1989 be hearing aid 
compatible. Refurbished, repaired or resold telephones, telephones used 
with public and private mobile radio services, and secure telephones 
used for classified communications are exempt. The HAC Act provides a 
three year grace period for cordless telephones before they must comply 
with the requirement. Congress recognized, however, that there may be 
technological and/or economical reasons some new telephones may not 
meet the hearing aid compatibility requirement. Therefore, it provided 
for a waiver requirement for new telephone base on technological and 
economical grounds. Section 68.5 of the Commission's rules provides the 
criteria to be used to assess waivers. Applicants seeking waivers must 
submit sufficient information for the Commission to make an informed 
decision.

    OMB Control No.: 3060-0173.
    Title: Section 73.1207, Rebroadcasts.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Businesses or other for profit.
    Number of Respondents: 1,012.
    Estimated Time Per Response: 0.5 hours.
    Frequency of Response: Recordkeeping requirement.
    Total Annual Burden: 506 hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Needs and Uses: Section 73.1207 requires that licensees of 
broadcast stations obtain written permission from an originating 
station prior to retransmitting any program or any part thereof. A copy 
of the written consent must be kept in the station's files and made 
available to the FCC upon request. This written consent assures the 
Commission that prior authorization for retransmission of a program was 
obtained.

    OMB Control No.: 3060-0493.
    Title: Section 74.986, Involuntary ITFS Station Modifications.
    Form No.: FCC Form 330.
    Type of Review: Extension of a currently approved collection.
    Respondents: Businesses or other for profit; state, local or tribal 
government.
    Number of Respondents: 25.
    Estimated Time Per Response: 5 hours (These hours include the 
contracting hour cost to the respondents and the respondents hour 
burden).
    Frequency of Response: On occasion.
    Total Annual Burden: 25 hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $14,375.
    Needs and Uses: Section 74.986 requires that an application for 
involuntary modification of an ITFS station to be filed on FCC Form 330 
(OMB Control No. 3060-0062) but need not fill out Section II (Legal 
Qualifications). The application must include a cover letter clearly 
indicating that the modification is involuntary and identifying the 
parties involved. The data is used by FCC staff to insure that 
proposals to modify facilities of ITFS licensees/permittees would 
provide comparable ITFS service and would otherwise serve the public 
interest in promoting the MMDS service.

    OMB Control No.: 3060-0494.
    Title: Section 74.990, Use of available instructional television 
fixed service frequencies by wireless cable entities.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Businesses or other for profit; state, local or tribal 
government.
    Number of Respondents: 100.
    Estimated Time Per Response: 0.33 hours-2 hours (These hours 
include the contracting hour cost to the respondents and the 
respondents hour burden.)
    Frequency of Response: On occasion.
    Total Annual Burden: 42 hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $9,375.
    Needs and Uses: Section 74.990(c) requires applicants to confirm 
their unopposed status after the period for filing competing 
applications and petitions to deny has passed. This confirmation is 
accomplished through the filing of a letter with the Commission. 
Section 74.990(d) requires a wireless cable applicant to show that 
there are no multipoint distribution service or multichannel multipoint 
distribution service channels available for application, purchase or 
lease that could be used in lieu of the instructional television fixed 
service frequencies applied for. The data provided in the showing will 
be used by FCC staff to insure that proposals to operate a wireless 
cable system on ITFS channels do not impair or restrict any reasonably 
foreseeable ITFS use.

    OMB Control No.: 3060-0492.
    Title: Section 74.992, Access to channels licensed to wireless 
cable entities.
    Form No.: FCC Form 330.
    Type of Review: Extension of a currently approved collection.
    Respondents: Businesses or other for profit; state, local or tribal 
government.

[[Page 55641]]

    Number of Respondents: 10.
    Estimated Time Per Response: 3.5 hours (These hours include the 
contracting hour costs to the respondents and the respondents hour 
burden).
    Frequency of Response: On occasion.
    Total Annual Burden: 15 hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $4,000.
    Needs and Uses: Section 74.992 requires that requests by ITFS 
entities for access to wireless cable facilities licensed on ITFS 
frequencies be made by filing FCC Form 330 (OMB Control No. 3060-0062), 
Section I (Identity of Applicant, Requested Facilities), Section II 
(Legal Qualifications of Applicant), Section III (Financial 
Qualifications of Applicant) and Section IV (ITFS Service Proposal). 
The application must include a cover letter clearly indicating that the 
application is for ITFS access to a wireless cable entity's facilities 
on ITFS channels. Section 74.992(d) requires an ITFS user to provide a 
wireless cable licensee with its planned schedule of use four months in 
advance of accessing the channels. This notice is completed before the 
filing of the application and the burden is included with the 
application. The data is used by FCC staff to determine eligibility of 
an educational institution or entity demanding access for ITFS use on a 
wireless cable facility. The four month advance notice is used by the 
wireless cable licensee to allow it to move programming to other 
channels.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-28362 Filed 10-24-97; 8:45 am]
BILLING CODE 6712-01-P