[Federal Register Volume 63, Number 139 (Tuesday, July 21, 1998)]
[Notices]
[Pages 39086-39090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19365]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collections Approved by Office of Management 
and Budget

July 14, 1998.
    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.: 3060-0715.
    Expiration Date: 06/30/2001.
    Title: Implementation of the Telecommunications Act of 1996: 
Telecommunications Carriers' Use of Customer Proprietary Network 
Information and Other Customer Proprietary Network.
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 4832 respondents; 161.62 hours per 
response (avg.); 780,989 total annual burden hours for all collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: 
$229,520,000.
    Frequency of Response: On occasion; one-time.
    Description: In the Second Report and Order issued in CC Docket No. 
96-115, released 3/98, the Commission seeks to implement the statutory 
obligations of section 222 of the Telecommunications Act of 1996. In 
addition, the Commission undertakes a review of the current regulatory 
customer proprietary network information (CPNI) framework and addresses 
issues deferred to this proceeding from other Commission proceedings. 
In fulfillment of these goals, the Commission imposes certain 
collections of information on all telecommunications carriers. 
Collections Adopted in the Second Report and Order: (a) Customer 
Approval (47 U.S.C. Section 222(c)(1)): If carriers choose to use CPNI 
to market service offerings outside the customer's existing service, 
they must obtain customer approval. Carriers are permitted to obtain 
such approval through written, oral, or electronic means. Carriers are 
permitted to use

[[Page 39087]]

advanced technologies of their networks, including 800 numbers, 888 
numbers, and e-mail, to obtain customer approval, in addition to using 
various types of written approval, such as billing inserts. See 47 CFR 
Sections 64.2007. (Number of respondents: 4832; hours per response: 78 
hours; total annual burden: 376,896). (b) Customer Approval 
Documentation and Recordkeeping: Carriers must document such approval 
through software ``flags'' on customer service records indicating 
whether the customer has approved or declined the marketing use of his 
or her CPNI when solicited. The flag must be conspicuously displayed 
within a box or comment field within the first few lines of the first 
computer screen. The flag must indicate whether the customer has 
approved the marketing use of his or her CPNI, and in addition 
reference the customer's existing service subscription. Carriers must 
maintain records of approval, whether written, oral, or electronic for 
a period of at least one year, and be capable of producing them if the 
sufficiency of a customer's approval is challenged. See 47 CFR Sections 
64.2007(e) and 64.2009. (Number of respondents: 4832; hours per 
response: 30 minutes; total annual burden: 2416 hours). (c) 
Notification of CPNI Rights: All telecommunications carriers that 
choose to solicit customer approval must provide their customers a one-
time notification of their CPNI rights prior to any such solicitation. 
Carriers are required to give customers explicit notice of their CPNI 
rights prior to any solicitation for approval. A carrier is permitted 
to provide either written or oral notification. Such notification may 
take the form of a bill insert, an individual letter or an oral 
presentation that advises the customer of his/her right to restrict 
carrier access to CPNI. At a minimum, customer notification, whether 
oral or written, must provide sufficient information to enable the 
customer to make an informed decision as to whether to permit a carrier 
to use, disclose, or permit access to CPNI. The notice must specify the 
types of information that constitute CPNI and the specific entities 
that will receive the CPNI, describe the purpose for which the CPNI 
will be used and inform the customer of his or her right to disapprove 
those uses, and to deny or withdraw access to CPNI at any time. The 
notification also must advise customers of the precise steps they must 
take in order to grant or deny access to CPNI, and must clearly state 
that a denial of approval will not affect the provision of any services 
to which the customer subscribes. The notification must be reasonably 
comprehensible and non-misleading. If any portion of a notification is 
translated into another language, then all portions of the notification 
must be translated into the language. See 47 CFR Section 64.2007(f) and 
paragraphs 138-141 in the Order. (Number of respondents: 4832; hours 
per response: 78 hours; total annual burden: 376,896 hours). (d) 
Notification Recordkeeping: Pursuant to this one-time notification 
requirement, these carriers must maintain a record of such 
notifications. Carriers must maintain such records for a period of at 
least one year. See 47 CFR Section 64.2007(e). (Number of respondents: 
4832; hours per response: 30 minutes; total annual burden: 2416 hours). 
(e) Audit Mechanism: All employees with access to customer records must 
be trained as to when they can and cannot access the customer's CPNI. 
Carriers must maintain electronic audit mechanisms that track access to 
customer accounts. All carriers must record whenever customer records 
are opened, by whom, and for what purpose, and maintain these contact 
histories for a period of at least one year. See 47 CFR Section 
64.2009. (Number of respondents: 4832; hours per response: 30 minutes; 
total annual burden: 2416 hours). (f) Event Histories Recordkeeping: To 
assure compliance with CPNI protections, sales personnel must obtain 
supervisory review of any proposed request to use CPNI for outbound 
marketing purposes. Carriers are required to maintain a record of these 
event histories for at least one year from the date of the marketing 
campaign. See 47 CFR 64.2009(d). (Number of respondents: 4832; hours 
per response: 30 minutes; total annual burden: 2416 hours). (g) 
Corporate Compliance Certification: All telecommunications carriers 
must obtain on an annual basis a certification signed by a current 
corporate officer attesting that he or she has personal knowledge that 
the carrier is in compliance with the rules we promulgated in this 
order, and to create an accompanying statement explaining how the 
carriers are implementing our rules and safeguards. This certification 
must be made publicly available. See 47 CFR Section 64.2009(e) and 
paragraph 201 of Order. (Number of respondents: 4832; hours per 
response: 1 hour; total annual burden 4832 hours). (h) Aggregate 
Customer Information Disclosure Requirements for LECs (47 U.S.C. 
222(c)(3)): LECs must disclose aggregate customer information to others 
upon request, when they use or disclose the aggregate customer 
information for marketing service to which the customer does not 
subscribe. See paragraph 150 in text of Order. (Number of respondents: 
1400; hours per response 1 hour; total annual burden: 1400 hours). (i) 
Subscriber List Information Disclosure Requirement for Providers of 
Telephone Exchange Service (47 U.S.C. Section 222(e)): Section 222(e) 
states that a telecommunications carrier that provides ``telephone 
exchange service'' shall provide subscriber list information ``gathered 
in its capacity as a provider of such service on a timely and unbundled 
basis, under nondiscriminatory and reasonable rates, terms, and 
conditions, to any person upon request for the purpose of publishing 
directories in any format.'' (Number of respondents: 1400; hours per 
response: 4 hours; total annual burden: 5600 hours). (j) CPNI 
Disclosure to Third Parties: Section 222(c)(2) requires carriers, when 
presented with a customer's affirmative written request, to provide 
that customer's CPNI to any person designated in the written 
authorization. Section 222(c)(2) imposes a disclosure requirement on 
carriers to ensure that any party with customer authorization, 
including unaffiliated third party competitors, can obtain access to 
individually identifiable CPNI. As such, carriers must provide a 
customer's CPNI to any party that has obtained an affirmative written 
authorization from the customer. (Number of respondents: 500; hours per 
response: 5 hours; total annual burden: 2500 hours).

Collections Proposed in the FNPRM

    (k) Proposed Foreign Storage of CPNI: The Commission sought comment 
on whether requiring written customer consent to store or access CPNI 
from a foreign country and maintaining duplicate CPNI records in the 
U.S. are necessary to protect customer confidentiality under section 
222(a) or any other provisions. (Number of respondents: 10; hours per 
response: 78.5; total annual burden: 785 hours). (l) Proposed Foreign 
Maintenance of CPNI of all U.S.-Based Customers Records: The Commission 
sought comment on the FBI's proposal to require carriers to maintain 
copies of the CPNI of all U.S.-based customers, regardless of whether 
they are U.S. domestic customers, because of the need for prompt, 
secure and confidential law enforcement, public safety, or national 
security access to such information, pursuant to lawful authority. 
(Number of respondents: 4832; hours per response: 30 minutes; total 
annual burden; 2416 hours). All of the collections, adopted and 
proposed,

[[Page 39088]]

would be used to ensure that telecommunications carriers comply with 
the CPNI requirements the Commission promulgates in the Second Report 
and Order and to implement Section 222 of the statute. Obligation to 
respond: Mandatory.

    OMB Control No.: 3060-0756.
    Expiration Date: 06/30/2001.
    Title: Procedural Requirements and Policies for Commission 
Processing of Bell Operating Company Applications for the Provision of 
In-Region, InterLATA Services Under Section 271 of the Communications 
Act.
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 75 respondents; 250 hours per response 
(avg.); 18,820 total annual burden hours for all collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion.
    Description: In a Public Notice released 9/19/97, the Commission 
revised the various procedural requirements and policies relating to 
the Commission's processing of Bell Operating Company (BOC) 
applications to provide in-region, interLATA services pursuant to 
section 271 of the Communications Act of 1934, as amended. Section 271 
provides for applications on a state-by-state basis. The Public Notice 
requires that applicant file an original and 11 copies of each 
application, together with one copy on a computer diskette. The 
applications each will consist of a stand-alone, principal document 
with supporting documentation such as records of state proceedings, 
interconnection agreements, affidavits, etc. (No. of respondents: 7; 
hours per response: 125 hours; total annual burden: 6125 hours). State 
regulatory commission will file written consultations relating to the 
applications no later than approximately 20 days after the issuance of 
an Initial Public Notice establishing specific due dates for various 
filings. (No. of respondents: 49; hours per response: 120 hours; total 
annual burden: 5880 hours). The Department of Justice will file written 
consultations relating to the applications not later than approximately 
35 days after the issuance of the Initial Public Notice. (No. of 
respondents: 1; hours per response 100 hrs per state; total annual 
burden: 4900 hours). Interested third parties may file comments on the 
applications not later than approximately 20 days after the issuance of 
the Initial Public Notice. All substantive arguments must be made in a 
legal brief and not in affidavits or other supporting documentation. 
(No. of respondents: 75; hours per response: 25 hours; total annual 
burden: 1875 hours). All participants in the proceeding may file a 
reply to any comment made by any other participant. Such replies will 
be due approximately 45 days after the Initial Public Notice is issued. 
(No. of respondents: 10; hours per response: 2 hours; total annual 
hour: 20 hours). A dispositive motion filed with the Commission in a 
section 271 proceeding will be treated as an early-filed pleading and 
will not be subject to a separate pleading cycle, unless the Commission 
or Bureau determines otherwise. Non-dispositive motions will be subject 
to the default pleading cycle in section 1.45 of our rules, unless the 
Commission determines otherwise in a public notice. (No. of 
respondents: 10; hours per response: 2 hours; total annual burden: 20 
hours). See the September 1997 Public Notice for details of all the 
requirements and procedures associated with this process. All of the 
requirements are used to ensure that BOCs have complied with their 
obligations under the Communications Act of 1934, as amended, before 
being authorized to provide in-region, interLATA services pursuant to 
section 271. Obligation to respond: Mandatory.

    OMB Control No.: 3060-0793.
    Expiration Date: 07/31/2001.
    Title: Procedures for States Regarding Lifeline Consents, Adoption 
of Intrastate Discount Matrix for Schools and Libraries, and 
Designation of Eligible Telecommunications Carriers.
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 865 respondents; 1.12 hours per response 
(avg.); 970 total annual burden hours for all collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion.
    Description: On May 8, 1997, the Commission released Federal-State 
Joint Board on Universal Service, Report and Order, CC Docket No. 96-
45, FCC 97-157 (Order). In that Order, the Commission adopted rules 
providing funding for discounts to eligible schools and libraries. The 
Commission also adopted rules mandating that state commissions 
designate common carriers as eligible telecommunications carriers for 
service areas selected by state commissions in accordance with section 
214(e). In a Public Notice, the Common Carrier Bureau announced 
procedures states must follow in order to receive universal service 
support. a. Submission of eligibility criteria. States must, either 
upon their own motion or upon request, designate common carriers as 
eligible telecommunications carriers for service areas designated by 
the state commission in accordance with section 214(e). 47 CFR 
54.201(b). States must also designate service areas for non-rural 
carriers. 47 CFR 54.201(b). We request that states submit a list of 
carriers designated as eligible telecommunications carriers and the 
service areas such non-rural carriers are required to serve to the 
Universal Service Administrator. We request that states also send 
copies of the lists to the Universal Service Branch and the Office of 
the Secretary at the Federal Communications Commission. This 
information should be submitted as soon as possible after a state makes 
a designation. (No. of respondents: 25; hours per response: 1 hour; 
total annual burden: 25 hours). b. Self-certification as a rural 
telephone company. Any local exchange carrier that seeks to be 
classified as a rural telephone company must file a letter with the 
Commission by April 30th of each year notifying the Commission that the 
LEC certifies itself to be a rural telephone company and explaining how 
the carrier meets at least one of the four criteria in 47 U.S.C. 
Sec. 153(37). (No. of respondents: 840; hours per response: 1 hour; 
total annual burden: 840 hours). c. Notification of change in status as 
rural telephone company. If a local exchange carrier's status as a 
rural telephone company changes so that it becomes ineligible for 
certification as a rural carrier, that carrier must inform the 
Commission and the Universal Service Administrator within one month of 
the change in status. (No. of respondents: 210; hours per response: .5 
hours; total annual burden: 105 hours).
    All the requirements contained herein are necessary to implement 
the congressional mandate for universal service. These reporting 
requirements are necessary to verify that particular carriers and other 
respondents are eligible to receive universal service support. 
Obligation to respond: Required to obtain benefits.

    OMB Control No.: 3060-0806.
    Expiration Date: 06/30/2001.
    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: 60,000 respondents; 11 hours per response

[[Page 39089]]

(avg.); 660,000 total annual burden hours for all collections.
    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 No. 96-45 providing discounts on all telecommunications 
services, Internet access, and internal connections for all eligible 
schools and libraries. The following forms are 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 place 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 Telecommunications 
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 identifies 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 studies 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 hours). 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. FCC 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). (No. of respondents: 60,000; hours per response: 6 
hours; total annual burden: 360,000). All schools and libraries 
planning to order services eligible for 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 email from: <www.neca.org>. Obligation to respond: 
Required to obtain benefits.

    OMB Control No.: 3060-0804.
    Expiration Date: 07/31/2001.
    Title: Universal Service--Health Care Providers Universal Service 
Program.
    Form No.: FCC Forms 465, 466, 467, and 468.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 18,400 respondents; 6.6 hours per response 
(avg.); 121,500 total annual burden hours for all collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion.
    Description: FCC Form 465--Description of Services Requested and 
Certification. All health care providers requesting services eligible 
for universal service support must file a Description of Services and 
Certification Form with the Administrator. Filing this form is the 
first step a health care provider must take to participate in the 
universal service program. 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). (No. of respondents: 12,000; hours per 
response: 2.5; total annual burden: 30,000 hours). FCC Form 466--
Services Ordered and Certification. All health care providers ordering 
services that are eligible for universal service support must file a 
Services Ordered and Certification Form with the Administrator. 47 CFR 
Section 54.603(b)(4). FCC Form 466, Services Ordered and Certification 
will be used to ensure health care providers have selected the most 
cost-effective method of providing the requested services as set forth 
in 47 CFR Section 54.603(b)(4). FCC Form 466 is also the means by which 
an applicant informs the Administrator that it has entered a contract 
with a telecommunications service provider for services that are 
supported under the universal services support program. The 
administrator must receive this form before it can commit universal 
service funds to support the services for which the applicant has 
contracted. (No. of respondents: 15,000; hours per response: 1.5 hours; 
total annual burden: 22,500 hours). FCC Form 467, Receipt of Service 
Confirmation. All health care providers that are receiving supported 
telecommunications service must file this form with the Administrator. 
The data in the report will be used to ensure that health care 
providers are receiving the services they have contracted for with 
telecommunications service providers so that universal service support 
may be appropriate to the telecommunications service provider pursuant 
to 47 CFR Section 54.611. (No. of respondents: 12,000; hours per 
response: 1.5 hours; total annual burden: 18,000 hours). FCC Form 468, 
Telecommunications Service Providers Support. All health care providers 
ordering services eligible for universal service support must file this 
form. The data in the report will be used to ensure that health care 
providers have calculated the amount of universal service support as 
set forth in 47 CFR Section 54.609(b). Telecommunications carriers must 
complete Form 468 by indicating the rural and urban rates for the 
service they have provided and the amount of the discount for which 
they must be reimbursed, and return it to the

[[Page 39090]]

health care provider. The health care provider must attach it to Form 
466 and file both forms with the administrator. (No. of respondents: 
3400; hours per response: 1.5 hours; total annual burden: 51,000 hours 
(assuming 10 submissions per respondent)). These forms are used to 
administer the health care providers universal service program. The 
information is used primarily to determine eligibility. Copies of the 
forms may be obtained via e-mail from: <www.neca.org>. Obligation to 
respond: Required to obtain benefit.

    OMB Control No.: 3060-0355.
    Expiration Date: 07/31/2001.
    Title: Rate of Return Reports.
    Form No.: FCC Forms 492, 492A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 107 respondents; 8 hours per response 
(avg.); 856 total annual burden hours for all collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion; annually.
    Description: Filing of FCC Form 492 and FCC Form 492A is required 
by Sections 65.600 of the FCC Rules. Filing of the FCC Form 492 on an 
annual basis is required from each local exchange carrier 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. These carriers are also required to file within 15 
months after the end of each calendar year a report reflecting any 
corrections or modifications. The forms are necessary to enable the 
Commission to monitor the access tariffs and price cap earnings, and to 
enforce rate of return prescriptions. 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. 
The date is used by staff members for enforcement purposes and by the 
public in analyzing the industry. The reports are also used by the 
Commission in the tariff review process and provide both the Commission 
and the carriers with an early warning system if rate adjustments are 
necessary to correct significant targeting errors. FCC Forms 492 and 
492A are being revised to incorporate the new OMB expiration date and 
to make other adjustments. A public notice will be issued when the 
forms are available for public use. 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. 98-19365 Filed 7-20-98; 8:45 am]
BILLING CODE 6712-01-P