[Federal Register Volume 62, Number 243 (Thursday, December 18, 1997)]
[Notices]
[Pages 66368-66370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33044]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collections Approved by Office of Management 
and Budget

December 12, 1997.
    The Federal Communications Commission (FCC) has received Office of 
Management and Budget (OMB) approval for the following public 
information collections pursuant to the Paperwork Reduction Act of 
1995, Public Law 104-13. An agency may not conduct or sponsor and a 
person is not required to respond to a collection of information unless 
it displays a currently valid control number. For further information 
contact Shoko B. Hair, Federal Communications Commission, (202) 418-
1379.

Federal Communications Commission

    OMB Control No.: 3060-0806.
    Expiration Date: 05/31/98.
    Title: Universal Service--Schools and Libraries Universal Service 
Program.
    Form No.: FCC Forms 470 and 471.
    Respondents: Business or other for profit.
    Estimated Annual Burden: 50,000 respondents; 12 hours per response 
(avg.); 600,000 total annual burden hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion.
    Description: On May 8, 1997, the Commission adopted rules in CC 
Docket 96-45 providing discounts on all telecommunications services, 
Internet access, and internal connections for all eligible schools and 
libraries. The following forms will be used to implement these 
requirements and obligations: a. FCC Form 470 ``Description of Services 
Requested and Certification.'' Schools and libraries ordering 
telecommunications services, Internet access, and internal connections 
under the universal service discount program must submit a description 
of the services desired to the Administrator. Schools and libraries may 
use the same description they use to meet the requirement that they 
generally face to solicit competitive bids. The Administrator will then 
post a description of the services sought on a website for all 
potential competing service providers to see and respond to as if they 
were requests for proposals (RFPs). 47 CFR 54.504(b)(2), 47 CFR 
54.504(b)(3). Pursuant to section 254(h) of the 1996 Act, schools and 
libraries must certify under oath that: (1) The school or library is an 
eligible entity under section 254(h)(4); (2) the services requested 
will be used solely for educational purposes; (3) the services will not 
be sold, resold, or transferred in consideration for money or any other 
thing of value; and (4) if the services are being purchased as part of 
an aggregated purchase with other entities, the identities of all co-
purchasers and the portion of the services being purchased by the 
school or library. 47 CFR 54.504(b)(2). For schools ordering 
telecommunications services at the individual school level (i.e. 
primarily non-public schools), the person ordering such services should 
certify to the Administrator the percentage of students eligible in 
that school for the national school lunch program (or other comparable 
indicator of economic disadvantage ultimately selected by the 
Commission). This requirement arises in the context of determining 
which schools are eligible for the greater discounts being offered to 
economically disadvantaged schools. For schools ordering 
telecommunications services at the school district level, the person 
ordering such services for the school district should certify to the 
Administrator the number of students in each of its schools eligible 
for the national school lunch program (or other comparable indicator of 
economic disadvantage). Schools and libraries must also certify that 
they have developed a technology plan that has been approved by an 
independent entity or the Administrator. The technology plan should 
demonstrate that they will be able to deploy any necessary hardware, 
software, and wiring, and to undertake any necessary teacher training 
required to use the services ordered pursuant to the section 254(h) 
discount effectively. 47 CFR 54.504(b)(2). (No. of respondents: 50,000; 
hours per response: 6 hours; total annual burden: 300,000). b. FCC Form 
471 ``Services Ordered and Certification.'' Schools and libraries that 
have ordered telecommunications services, Internet access, and internal 
connections under the universal service discount program must file FCC 
Form 471 with the Administrator. This form requires schools and 
libraries to indicate whether funds are being requested for an existing 
contract, a master contract or whether it wishes to terminate service. 
Form 471 requires schools and libraries to list all services that have 
been ordered and the corresponding discount to which it is entitled. 
The school or library must also estimate its funding needs for the 
current funding year and for the following funding year. 47 CFR 
54.504(b)(2). All schools and libraries planning to order services 
eligible for

[[Page 66369]]

universal service discounts must file FCC Forms 470 and 471. The 
purpose of this information is to help determine which schools are 
eligible for the greater discounts. Schools and libraries must certify 
to the Administrator that they have developed an approved technology 
plan via Form 470. Copies of the forms may be obtained via e-mail from: 
<[email protected]>. Obligation to respond: Required to obtain 
benefits.
    OMB Control No.: 3060-0807.
    Expiration Date: 05/31/98.
    Title: 47 CFR 51.803 and Supplemental Procedures for Petitions 
Pursuant to Section 252(e) of the Communications Act of 1934, as 
amended.
    Form No.: N/A.
    Respondents: Business or other for profit.
    Estimated Annual Burden: 50 respondents; 40.8 hours per response 
(avg.); 2040 total annual burden hours for all collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion.
    Description: Any interested party seeking preemption of a state 
commission's jurisdiction based on the state commission's failure to 
act shall notify the Commission as follows: (1) File with the Secretary 
of the Commission a detailed petition, supported by an affidavit, that 
states with specificity the basis for any claim that it has failed to 
act; and (2) serve the state commission and other parties to the 
proceeding on the same day that the party serves the petition on the 
Commission. Within 15 days of the filing of the petition, the state 
commission and parties to the proceeding may file a response to the 
petition. See 47 U.S.C. 252 and CFR 51.803. In a Public Notice (DA 97-
2540), the Commission sets out procedures for filing petitions for 
preemption pursuant to section 252(e)(5) of the Communications Act of 
1934, as amended. Section 252(e)(5) provides that ``[i]f a State 
commission fails to act to carry out its responsibility under this 
section in any proceeding or other matter under this section, then the 
Commission shall issue an order preempting the State commission's 
jurisdiction of that proceeding or matter within 90 days after being 
notified (or taking notice) of such failure, and shall assume the 
responsibility of the State commission under this section with respect 
to the proceeding or matter and act for the State commission.'' (1) 
Filing of Petitions for Preemption. Each party seeking preemption 
should caption its preemption petition, ``Petition of [Petitioner's 
Name] pursuant to Section 252(e)(5) of the Communications Act (the 
Act).'' In addition, on the date of the petition's filing, the 
petitioner should serve a copy of the petition by hand delivery on the 
Common Carrier Bureau, and send a copy to the Commission's contractor 
for public service records duplication. Section 51.803(a)(2) of the 
Commission's rules requires each party seeking preemption pursuant to 
section 252(e)(5) to ``ensure that the state commission and the other 
parties to the proceeding or matter for which preemption is sought are 
served with the petition * * * on the same date that the petitioning 
party serves the petition on the Commission.'' Therefore, each section 
252(e)(5) petitioner should state in its certificate of service the 
steps it is taking to comply with this requirement (e.g., hand delivery 
or overnight mail). Petitions seeking preemption must be supported by 
affidavit and state with specificity the basis for the petition and any 
information that supports the claim that the state has failed to act. 
See 47 CFR 51.803. Each petitioner should append to its petition the 
full text of any State commission decision regarding the proceeding or 
other matter giving rise to the petition as well as the relevant 
portions of any transcripts, letters, or other documents on which the 
petitioner relies. Each petitioner should also provide a chronology of 
that proceeding or matter that lists, along with any other relevant 
dates, the date the petitioner requested interconnection, services, or 
network elements pursuant to section 251 of the Act, the dates of any 
requests for mediation or arbitration pursuant to section 252(a)(2) or 
(b)(1), and the dates of any arbitration decisions in connection with 
the proceeding or matter. (No. of respondents: 50; hours per response: 
40 hours; total annual burden: 2000). b. Submission of Written Comments 
by Interested Third Parties. Interested third parties may file comments 
on a preemption petition in accordance with a public notice to be 
issued by the Commission. (No. of respondents: 2; hours per response: 
20 hours; total annual burden: 40 hours). All of the requirements would 
be used to ensure that petitioners have complied with their obligations 
under the Communications Act of 1934, as amended. Obligation to 
respond: Mandatory.
    OMB Control No.: 3060-0791.
    Expiration Date: 11/30/2000.
    Title: Accounting for Judgments and Other Costs Associated with 
Litigation, CC Docket No. 93-240.
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 1 respondents; 36 hours per response 
(avg.); 36 total annual burden hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion.
    Description: In CC Docket No. 93-240, the Commission adopted 
accounting rules that would: require carriers to account for adverse 
federal antitrust judgments and post-judgment settlements of federal 
antitrust claims below the line in Account 7370, a nonoperating account 
for special charges. With regard to settlements of such lawsuits, there 
will be a presumption that carriers can recover the portion of the 
settlement that represents the avoidable costs of litigation, provided 
that the carrier makes a required showing. 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. Settlement costs in excess of 
the avoided costs of litigation are presumed not recoverable unless a 
carrier rebuts that presumption by showing the basic factors that 
indicated the carrier to settle and demonstrating that ratepayers 
benefited from the settlement. 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. The evidence will vary according to 
the circumstances. Among the data a carrier may provide are any 
avoidable cost estimates provided by the law firm representing the 
carrier, an estimate of attorney hours needed to complete the case 
along with the hourly rates for the attorneys involved, information 
regarding the discovery remaining to be completed, the amount of trial 
time scheduled by the judge, and information regarding the number of 
witnesses or documents that would have been introduced at trial, 
including any pretrial statements filed with the court, costs of expert 
witnesses, travel time, saved in-house counsel replacement costs, and 
any other material the carrier considers relevant. The avoided costs of 
litigation of a pre-judgment settlement would include the anticipated 
costs of litigating until a judgment. The avoided cost of litigation of 
a post-judgment settlement would anticipate a successful appeal in the 
particular case. A fundamental

[[Page 66370]]

requirement of Title II of the Communications Act of 1934, as amended, 
is that ``all charges for and in connection with interstate 
communication service, shall be just and reasonable.'' This provision 
safeguards consumers against rates that are unreasonably high and 
guarantees carriers that they will not be required to charge rates that 
are so low as to be confiscatory. Carriers under the Commission's 
jurisdiction must be allowed to recover the reasonable costs of 
providing service to ratepayers, including reasonable and prudent 
expenses and a fair return on investment. Obligation to respond: 
Mandatory.
    OMB Control No.: 3060-0760.
    Expiration Date: 05/31/98.
    Title: Access Charge Reform, CC Docket No. 96-262 (First Report and 
Order); Second Order on Reconsideration and Memorandum Opinion and 
Order; and Third Report and Order.
    Form No.: N/A.
    Respondents: Business or other for profit.
    Estimated Annual Burden: 14 respondents; 129,001 hours per response 
(avg); 1,806,018 total annual burden hours (for all collections 
approved under this control number).
    Estimated Annual Reporting and Recordkeeping Cost Burden: $33,000.
    Frequency of Response: On occasion; one-time requirement.
    Description: In CC Docket No. 96-262, the Commission adopted a 
Third Report and Order. In the Third Report and Order, FCC adopts, 
consistent with principles of cost causation and economic efficiency, 
that where price cap LECs use general purpose computers and other 
general support facilities (GSF) to provide nonregulated billing and 
collection services to interexchange carriers, such GSF costs should 
not be allocated to these LECs' regulated access and interexchange 
categories but, instead, should be allocated to their nonregulated 
billing and collection categories. In the Third Report and Order, the 
Commission requires affected price cap LECs to make certain exogenous 
adjustments to their respective price cap indices (PCIs) and related 
basket indices. LECs affected by this Order are those price cap LECs 
that use regulated assets to provide nonregulated billing and 
collection services to interexchange carriers. For the purposes of 
estimating the information collection burdens for the Third Report and 
Order, we assume all price cap LECs are affected by the Order. Such 
LECs must determine the amount of GSF costs that they allocated to 
their respective access and interexchange categories during 1996 and 
then calculate the amount of such costs that would have been allocated 
to those categories during that year if the rule changes adopted in the 
Third Report and Order had been in effect at that time. Once that 
difference is determined, each affected price cap LEC is required to 
make an exogenous adjustment to its PCIs and related basket indices to 
prevent the earlier misallocation of these costs from continuing to 
inflate the rates charges for regulated services. Separate from the 
possible tariff filing burden described below, we estimate that it 
would take each of these price cap LECs four hours to complete the 
steps necessary to determine the amount of the exogenous price cap 
index (PCI) and related basket adjustments required by the Third Report 
and Order. Because we assume this particular burden applies to all 14 
price cap LECs, we estimate the total burden to be 56 hours. Under the 
Third Report and Order, affected price cap LECs are required to make 
tariff revision filings on or before December 17, 1997, to implement 
these exogenous price cap adjustments. Because most of these 14 price 
cap LECs have not yet made such filings, there should be little or no 
additional tariff filing burden associated with these LECs' compliance 
with the Third Report and Order. For the four price cap LECs that have 
already made access reform tariff filings under other orders, we 
estimate that there will be an additional tariff filing burden of 1272 
hours for these LECs as a group. Incremental burden associated with the 
Third Report and Order in this proceeding is as follows: No. of 
respondents: 14; hours per response: 94.8; total annual burden: 1328. 
Obligation to respond: Mandatory.
    Public reporting burden for the collections of information is as 
noted above. Send comments regarding the burden estimate or any other 
aspect of the collections of information, including suggestions for 
reducing the burden to Performance Evaluation and Records Management, 
Washington, D.C. 20554.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 97-33044 Filed 12-17-97; 8:45 am]
BILLING CODE 6712-01-U