[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Notices]
[Pages 62201-62203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29786]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collections Approved by Office of Management 
and Budget

November 1, 1999.
    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 Information--CC Docket 96-115.
    Form No.: N/A.
    Respondents: Business or other for profit.
    Estimated Annual Burden: 2000 respondents; 16.75 hours per response 
(avg.); 33,500 total annual burden hours for all collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion; One-time requirement; 
Recordkeeping; Third Party Disclosure.
    Description: In the Third Report and Order issued in CC Docket No. 
96-115, the Commission clarifies and particularizes the statutory 
obligations of section 222 of the Communications Act of 1996. 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.'' a. Provision of 
Subscriber List Information: Telecommunications carriers that provide 
telephone exchange service must 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. See 47 CFR Section 64.2309. 
Carriers are obligated to provide updated subscriber list information 
to requesting directory publishers. Carriers are required to provide 
requesting directory publishers with notice of changes in subscriber 
list information to the extent those changes reflect customers' 
decisions to cease having particular telephone numbers listed. Upon 
request, a carrier that has received at least thirty days advance 
notice also must provide subscriber list information on any periodic 
basis that the carrier's internal systems can accommodate. (No. of 
respondents: 2000; hours per response: 10 hours; total annual burden: 
20,000 hours). b. Notifications: A carrier must provide subscriber list 
information at the time requested by the directory publisher, provided 
that the directory publisher has given at least thirty days advance 
notice and the carrier's internal systems permit the request to be 
filled within that time frame. If a carrier's internal systems do not 
permit the carrier to provide subscriber list information within the 
requested timeframe, the carrier must inform the directory publisher 
that the requested schedule cannot be accommodated and tell the 
directory publisher which schedules can be accommodated. See 47 CFR 
64.2313. A directory publisher may request that a carrier unbundle 
subscriber list information on any basis for the purpose of publishing 
one or more directories. If the carrier's internal systems do not 
permit it to unbundle subscriber list information on the basis a 
directory publisher requests, the carrier must inform the directory 
publisher that it cannot unbundle subscriber list information on the 
requested basis and tell the directory publisher the basis on which the 
carrier can unbundle subscriber list information; and provide 
subscriber list information to the directory publisher on the basis the 
directory publisher chooses from among the available bases. See 47 CFR 
Section 64.2317. A carrier shall provide subscriber list information 
obtained in its capacity as a provider of telephone exchange service to 
a requesting directory publisher in the format the publisher specifies, 
if the carrier's internal systems can accommodate that format. If a 
carrier's internal system do not permit the carrier to provide 
subscriber list information in the format the directory publisher 
specifies, the carrier shall within thirty days of receiving the 
publisher's request, inform the directory publisher that the requested 
format cannot be accommodated and tell the directory publisher which 
formats can be accommodated; and provide the requested subscriber list 
information in the format the directory publisher chooses from among 
the available formats. See 47 CFR Section 64.2329. If a carrier finds 
that it cannot accommodate all of a group of multiple or conflicting 
requests for subscriber list information within the specified time 
frames, the carrier shall respond to those requests on a 
nondiscriminatory basis. The carrier shall inform each affected 
directory publisher of such

[[Page 62202]]

requests within thirty days of when it receives the publisher's 
request. (No. of respondents: 1000; hours per response: .5 hours; total 
annual burden: 500 hours). c. Cost Study: In the event a directory 
publisher's files a complaint regarding a carrier's subscriber list 
information rates, the carrier must present a cost study providing 
credible and verifiable cost data to justify each challenged rate. This 
cost study must clearly and specifically identify and justify: 
incremental costs, common costs, overhead, and other information. The 
carrier should provide this information separately for both base file 
and updated subscriber list information if the complainant challenges 
both types of rates. (No. of respondents: 100 respondents; hours per 
response: 100 hours; total annual burden: 10,000 hours). d. 
Certification: A telecommunications carrier may require persons 
requesting subscriber list information pursuant to section 222(e) of 
the Communications Act or section 64.2309 to certify that the publisher 
will use the information only for purposes of publishing a directory. 
The certification may be either oral or written, at the carrier's 
option. See 47 CFR Section 64.2337. (No. of respondents: 2000; hours 
per response: .5 hour; total annual burden: 1000 hours). e. Disclosure 
of Contracts, Rates, Terms and Conditions and Recordkeeping: A 
telecommunications carrier must retain, for at least one year after its 
expiration, each written contract that it has executed for the 
provision of subscriber list information for directory publishing 
purposes to itself, an affiliate, or an entity that publishes 
directories on the carrier's behalf. A telecommunications carrier must 
maintain, for at least one year after the carrier provides subscriber 
list information for directory publishing purposes to itself, an 
affiliate, or an entity that publishes directories on the carrier's 
behalf, records of any of its rates, terms, and conditions for 
providing that subscriber list information which are not set forth in a 
written contract. These records and contracts shall be made available 
to Commission and to a directory publisher upon request. See 47 CFR 
64.2341. (No. of respondents: 2000; hours per response: 1 hour; total 
annual burden: 2000 hours). All of the collections will be used to 
ensure that telecommunications carriers comply with section 222(e) of 
the Communications Act of 1934, as amended and with subscriber list 
information requirements the Commission promulgates in the Third Report 
and Order. Obligation to comply: Mandatory.
    OMB Control No.: 3060-0741.
    Expiration Date: 10/31/2002.
    Title: Implementation of the Local Competition Provisions of the 
Telecommunications Act of 1996--CC Docket No. 96-98, Second Report and 
Order and Memorandum Opinion and Order; Second Order on 
Reconsideration.
    Form No.: N/A.
    Respondents: Business or other for profit.
    Estimated Annual Burden: 2000 respondents; 114.3 hours per 
response(avg.); 228,750 total annual burden hours for all collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $60,000.
    Frequency of Response: On occasion; Third Party Disclosure.
    Description: Section 251 is designed to accelerate private sector 
development and deployment of telecommunications technologies and 
services by supporting competition. In the Second Report and Order 
issued in CC Docket No. 96-98, the Commission adopted rules and 
regulations designed to implement certain provisions of section 251, 
and eliminate operational barriers to competition in the 
telecommunications services market. In the Second Order on 
Reconsideration issued in the proceeding, the Commission resolved and 
clarified specific issues regarding the nondiscriminatory access 
obligations of local exchange carriers.
    a. Submission of toll dialing parity implementation plans: Pursuant 
to section 251(b)(3), each LEC is required to submit a plan to the 
state regulatory commission for each state in which it provides 
telephone exchange service setting forth the LEC's plan for 
implementing toll dialing parity in that state based on local access 
and transport boundaries. See 47 CFR Section 51.213.
    (No. of respondents: 135; hours per response: 100 hours; total 
annual burden:135,000 hours).
    b. Justification for noncompliance: Pursuant to section 251(b)(3), 
each LEC that is not a BOC that begins providing in-region, interLATA 
or in-region interstate toll services in a state before August 8, 1997, 
and is unable to implement intraLATA and interLATA toll dialing parity 
throughout that state by August 8, 1997, must submit a notification to 
the Commission. See 47 CFR Section 51.211(c). (No. of respondents: 20; 
hours per response: 9 hours; total annual burden: 180 hours).
    c. Sharing of directory listings: Pursuant to section 251(b)(3), 
each LEC must provide directory listings to competing service providers 
in ``readily accessible magnetic tape or electronic formats'' upon 
request. A LEC must also allow competing providers to have access to 
and read the information in the LEC's directory assistance databases.
    In the Second Order on Reconsideration, the Commission clarified 
that, upon request, a LEC shall provide access to its directory 
assistance services, including directory assistance databases, and its 
directory listings in any format the competing provider specifies, if 
the LEC's internal systems can accommodate that format.
    In addition, LECs must supply updates to the requesting LEC in the 
same manner as the original transfer and at the same time that it 
provides updates to the requesting LEC in the same manner as the 
original transfer and at the same time that it provides updates to 
itself.
    (No. of respondents: 500; hours per response: 36 hours; total 
annual burden: 18,000 hours).
    d. Notification regarding format: If a LEC's internal systems do 
not permit it to provide directory assistance or directory listings in 
the format the specified by the competing provider, the LEC must inform 
the competing provider that the requested format cannot be accommodated 
and tell the requesting provider which formats can be accommodated with 
in 30 days of receiving the request. See 47 CFR 51.217(c)(3). In the 
Second Order on Reconsideration, the Commission requires LECs to inform 
requesting providers within 30 days when the requested format cannot be 
accommodated.
    (No. of respondents: 500; hours per response: 24 hours; total 
annual burden: 12,000 hours).
    e. Provision of technical information. Pursuant to sections 
251(c)(2) and 251(c)(3), an ILEC shall provide to a requesting 
telecommunications carrier technical information about its network 
facilities sufficient to allow the requesting telecommunications 
carrier to achieve interconnection and/or access to unbundled network 
elements. See 47 CFR Sections 51.305(f) and 51.307(e).
    (No. of respondents: 50; hours per response: 1 hour; total annual 
burden: 50 hours).
    f. Public notice of network changes: Pursuant to section 251(c)(5), 
an ILEC must provide public notice of a network change that either: (1) 
will affect a competing service provider's performance or ability to 
provide service; or (2) will affect the ILEC's interoperability with 
other service providers. See 47 CFR 51.325--51.335

[[Page 62203]]

    (No. of respondents: 500; hours per response: 72; total annual 
burden: 36,000 hours).
    g. Burden of proof: Pursuant to section 251(b)(3), a LEC that 
provides operator services, directory assistance services or directory 
listings to its customers, or provides telephone numbers, shall permit 
competing providers of telephone exchange service or telephone toll 
service to have nondiscriminatory access to that service or feature, 
with no unreasonable dialing delays.
    In disputes involving nondiscriminatory access to operator 
services, directory assistance services, or directory listings, a 
providing LEC shall bear the burden of demonstrating with specificity: 
(1) that it is permitting nondiscriminatory access; and (2) that any 
disparity in access is not caused by factors within its control. See 47 
CFR 51.217.
    In disputes between parties providing LECs and competing providers 
involving unreasonable dialing delay in the provision of access to 
operator services and directory assistance, the burden of proof is on 
the providing LEC to demonstrate with specificity that it is processing 
the calls of the competing provider's customers on terms equal to that 
of similar calls from the providing LEC's own customers. See 47 CFR 
51.217.
    (No. of respondents: 75; hours per response: 8 hours; total annual 
burden: 600 hours).
    h. Submission of area code relief plans: Pursuant to Section 
251(e)(1), a state commission must notify the entity or entities 
designated by the Commission to serve as central office code 
administrator(s) for its state that such state commission intends to 
perform matters related to initiation and development of area code 
relief planning efforts. See 47 CFR Section 52.19(b).
    (No. of respondents: 30; hours per response: 40 hours; total annual 
burden: 1200 hours).
    In the Notice of Proposed Rulemaking issued in the proceeding, the 
Commission sought comment on issues arising out of developments in, and 
the convergence of, directory publishing and directory assistance.
    i. Subscriber List information for Internet Directories.
    (No. of respondents: 2000; hours per response: 8 hours; total 
annual burden: 16,000 hours).
    j. Provision of access to nonlocal listings.
    (No. of respondents: 20; hours per response: 36 hours; total annual 
burden: 720 hours).
    k. Listing of information to nontelephone exchange or toll service 
directory assistance providers.
    (No. of respondents: 250; hours per response: 36 hours: total 
annual burden: 9000 hours).
    These information collection requirements are part of an effort to 
make local dialing and networks, telephone numbers, operator services, 
directory assistance and directory listings available to all 
competitors on an equal basis. Obligation to comply: Mandatory.
    Public reporting burden for the collection 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, DC 20554.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-29786 Filed 11-15-99; 8:45 am]
BILLING CODE 6712-01-P