[Federal Register Volume 65, Number 31 (Tuesday, February 15, 2000)]
[Notices]
[Pages 7552-7553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3431]


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FEDERAL COMMUNICATIONS COMMISSION


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

February 7, 2000.
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 March 16, 
2000. 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 1-C804, 445 12th Street, SW, DC 20554 or via the 
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 the Internet at [email protected].

SUPPLEMENTARY INFORMATION:   
    OMB Control No.: 3060-0859.
    Title: Suggested Guidelines for Petitions for Ruling under Section 
253 of the Communications Act.
    Form No.: Not applicable.
    Type of Review: Extension to a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 80.
    Estimated Time Per Response: 63 to 125 hours per response.
    Frequency of Response: On occasion reporting requirement.
    Total Annual Burden: 6,280 hours.
    Total Annual Cost: Not applicable.
    Needs and Uses: Section 253 of the Communications Act of 1934, as 
amended, 47 U.S.C. 253, added by the Telecommunications Act of 1996, 
requires the Commission, with certain important exceptions, to preempt 
the enforcement of any state or local statute or regulation, or other 
state or local legal requirement (to the extent necessary) that 
prohibits or has the effect of prohibiting the ability of any entity to 
provide any interstate or intrastate telecommunications service. The 
Commission's consideration of preemption begins with the filing of a 
petition by an aggrieved party. The petition is placed on public notice 
and commented on by others. The Commission's decision is based on the 
public record, generally composed of the petition and comments. The 
Commission has considered a number of preemption items since the 
passage of the Telecommunications Act of 1996, and believes it in the 
public interest to inform the public of the information necessary to 
support its full

[[Page 7553]]

consideration of the issues likely to be involved in preemption 
actions.
    The Public Notice establishes guidelines relating to its 
consideration of preemption petitions. Consideration of a petition 
requesting Commission action pursuant to Section 253 necessarily will 
involve state or local statutes, regulations, ordinances, or other 
legal requirements that will likely be initially unfamiliar to the 
Commission. In order to render a timely and informed decision, the 
Commission expects petitions and commenters to provide it with relevant 
information sufficient to describe the legal regime involved in the 
controversy and to establish the factual basis necessary for decision.
    The Commission will use the information to discharge its statutory 
mandate relating to the preemption of state or local statutes or other 
state or local legal requirements.

    OMB Control No.: 3060-0876.
    Title: USAC Board of Directors Nomination Process (47 CFR Section 
54.703) and Review of Administrator's Decision (47 CFR Sections 54.719-
54.725).
    Form No.: Not applicable.
    Type of Review: Extension to a currently approved collection.
    Respondents: Business or other for-profit, not-for-profit 
institutions.
    Number of Respondents: 22.
    Estimated Time Per Response: 20 to 32 hours.
    Frequency of Response: On occasion reporting requirement, third 
party disclosure requirement.
    Total Annual Burden: 560 hours.
    Total Annual Cost: Not applicable.
    Needs and Uses: The Telecommunications Act of 1996 (1996 Act) 
directed the Commission to initiate a rulemaking to reform our system 
of universal service so that universal service is preserved and 
advanced as markets move toward competition. To fulfill that mandate, 
based on the recommendations of the Federal-State Joint Board on 
Universal Service, the Commission adopted a Report and Order in CC 
Docket No. 96-45, on May 7, 1997, to implement the congressional 
directives set out in section 254 of the Communications Act of 1934, as 
amended by the 1996 Act. In the Report and Order (released July 18, 
1997), the Commission appointed the National Exchange Carrier 
Association, Inc. (NECA) the temporary administrator of the universal 
service support mechanisms, subject to creating a separate subsidiary, 
the Universal Service Administrative Company (USAC), to administer the 
support programs. The Commission also directed NECA, as a condition of 
its appointment as temporary administrator, to create two unaffiliated 
corporations to administer portions of the schools and libraries and 
rural health care programs. NECA established the Schools and Libraries 
Corporation (SLC) and the Rural Health Care Corporation (RHCC).
    In connection with supplemental appropriations legislation enacted 
on May 1, 1998, Congress directed the Commission to establish a single 
entity to administer federal universal service. In a May 8, 1998 Report 
to Congress, the Commission proposed that, by January 1, 1999, USAC 
would serve as the single entity responsible for administering all of 
the universal service support mechanisms including the schools and 
libraries and rural health care support mechanisms. On November 20, 
1998, the Commission released an Order directing the merger of SLC and 
RHCC into USAC as the single entity responsible for administering the 
universal service support mechanisms as of January 1, 1999. The Order 
adopted rules that will govern USAC following the required merger.
    Pursuant to 47 CFR 54.703, industry an non-industry groups may 
submit to the Commission for approval nominations for individuals to be 
appointed to the USAC Board of Directors.
    The USAC Board currently consists of the following seventeen 
members: (1) Three incumbent local exchange carrier representatives 
(one director representing Bell Operating Companies and GTE, one 
director representing ILECs (other than Bell Operating Companies) with 
annual operating revenues in excess of $40 million, and one director 
representing ILECs (other than Bell Operating Companies) with annual 
revenues of $40 million or less); (2) two interexchange carrier 
representatives (one director representing interexchange carriers with 
more than $3 billion in annual operating revenues and one director 
representing interexchange carriers with annual operating revenues of 
$3 billion or less; (3) one commercial mobile radio service 
representative; (4) one competitive local exchange carrier 
representative; (5) one cable operator representative; (6) one 
information service provider representative; (7) three school 
representatives; (8) one library representative; (9) one rural health 
care provider representative; (10) one low income consumer 
representative; (11) one state telecommunications regulator; and (12) 
one state consumer advocate representative.
    47 CFR 54.719-54.725 contain the procedures for Commission review 
of USAC decisions, including the general filing requirements pursuant 
to which parties must file requests for review. An affected party would 
be permitted to file a petition for Commission review with the Bureau 
within thirty days of an action taken by USAC. The appellant must state 
specifically its interest in the matter presented for review. The 
appellant also must provide the Commission with a full statement of 
relevant, material facts with supporting affidavits and documentation. 
In addition, the appellant must state concisely the question presented 
for view, with reference, where appropriate, to the relevant Commission 
rule, Commission order, or statutory provision. The appellant also must 
state the relief sought and the relevant statutory or regulatory 
provision pursuant to which such relief is sought. If an appellant 
alleges prohibited conduct by a third party, the appellant shall serve 
a copy of the appeal on such third party, who shall have an opportunity 
to file an opposition. Similarly, appellants shall serve on USAC a copy 
of the appeal of a USAC decision filed with the Commission.
    Affected parties are encouraged to bring issues to the attention of 
the division head or the USAC CEO to determine whether the matter can 
be handled without a formal appeal to the Commission.
    The Commission uses the information to select USAC's Board of 
Directors and to ensure that requests for review are filed properly 
with the Commission. The information requested is not otherwise 
available. Without such information, the Commission could not appoint a 
representative body to USAC's Board of Directors nor resolve requests 
for review and, therefore, could not fulfill its statutory 
responsibilities in accordance with the Communications Act of 1934, as 
amended.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-3431 Filed 2-14-00; 8:45 am]
BILLING CODE 6712-01-U