[Federal Register Volume 65, Number 182 (Tuesday, September 19, 2000)]
[Notices]
[Pages 56578-56582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24027]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collections Approved by Office of Management 
and Budget

September 12, 2000.
    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.

[[Page 56579]]

Federal Communications Commission

    OMB Control No.: 3060-0921.
    Expiration Date: 08/31/2003.
    Title: Petitions for LATA Boundary Modification for the Deployment 
of Advanced Services.
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 20 respondents; 8 hours per response 
(avg.).; 160 total annual burden hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion.
    Description: Bell Operating Companies (BOCs) that petition for LATA 
boundary modifications to encourage the deployment of advanced services 
on a reasonable and timely basis are requested to include information 
in accordance with specified criteria outlined in CC Docket No. 98-147, 
released 2/11/2000 (FCC No. 00-26). In order to review requests for 
LATA modifications promptly and efficiently, it is necessary that BOCs 
provide the information specified. The criteria set forth in the order 
will serve to ease the petition process on BOCs by providing guidelines 
that will serve to narrow the scope of their petitions to the issues 
and facts that the Commission is primarily concerned with. In addition, 
the request will also expedite the petition review process by ensuring 
that petitioners will provide all of the information the Commission 
needs to properly review the requests. Obligation to respond: Required 
to obtain or retain benefits.

    OMB Control No.: 3060-0613.
    Expiration Date: August 31, 2003.
    Title: Expanded Interconnection with Local Telephone Company 
Facilities, CC Docket No. 91-141, Transport Phase II (Third R&O).
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 64 respondents; 13 hours per response 
(avg.).; 832 total annual burden hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion.
    Description: Tier 1 local exchange carriers (except NECA members) 
are required to make tariff filings to provide certain signalling 
information to interested parties so that those parties can provide 
tandem switching services. Tandem switching providers are required to 
provide certain billing information to those Tier 1 local exchange 
carriers. The tariffs and cost support information accompanying them 
are used by the FCC staff to ensure that the tariff rates are paid for, 
signalling information are just, reasonable, and nondiscriminatory, as 
sections 201 and 202 of the Communications Act of 1934, as amended, 
require. Without this information, the FCC would be unable to determine 
whether the rates for these services are just, reasonable, 
nondiscriminatory, and otherwise in accordance with the law. Tariffs 
are used by parties using signalling information to ascertain the 
charges and other terms and conditions applicable to these offerings. 
Signalling information is necessary so that parties can provide tandem 
switching services. Obligation to respond: Mandatory.
    OMB Control No.: 3060-0742.
    Expiration Date: 09/30/2003.
    Title: Telephone Number Portability (47 CFR Part 52, Subpart C, 
Sections 52.21-52.33).
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 1685 respondents; 5.48 hours per response 
(avg.).; 9239 total annual burden hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion.
    Description: 47 CFR Part 52, Subpart C implements the statutory 
requirement that local exchange carriers (LECs) provide number 
portability as set forth in Section 251 of the Telecommunications Act 
of 1996 (1996 Act). The Commission requires the following information:
    a. Requests for long-term number portability in areas inside or 
outside the 100 largest MSAs: Long-term number portability must be 
provided by LECs and CMRS providers inside the 100 largest Metropolitan 
Statistical Areas (MSAs) in switches for which another carrier has made 
a specific request for number portability, according to the 
Commission's deployment schedule. After the deadline for deployment in 
an MSA, carriers must deploy number portability in additional switches 
in that MSA upon request within certain time frames. After December 31, 
1998, for LECs and after November 24, 2002, for CMRS providers outside 
the 100 largest MSAs, the First Report and Order continues to require 
deployment within six months after a specific request by another 
telecommunications carrier. The request must specifically request long-
term number portability, identify the area covered by the request, and 
provide a tentative date six or more months in the future when the 
carrier expects to need number portability in order to port prospective 
customers. See 47 CFR Sections 52.23(b) and 52.31(a). In a Memorandum 
Opinion and Order, in CC Docket No. 95-116, the Commission extended the 
deadline for CMRS providers to support service provider LNP in the top 
100 MSAs until November 24, 2002. (Number of respondents: 210; hours 
per response: 3 hours; total annual burden: 630 hours).
    b. Petitions to extend implementation deadline: Carriers that are 
unable to meet the deadlines for implementing a long-term number 
portability solution are required to file with the Commission at least 
60 days in advance of the deadline a petition to extend the time by 
which implementation in its network will be completed. See 47 CFR 
Sections 52.23(3) and 52.31(d). (No. of respondents: 8; hours per 
response: 10 hours; total annual burden: 80 hours).
    c. Tariffs and Cost Support: Incumbent LECs may recover their 
carrier-specific costs directly related to providing long-term number 
portability by establishing in tariffs filed with the Commission for a 
monthly number portability charge. See 47 CFR 52.33. Incumbent LECs are 
required to include many details in their cost support that are unique 
to the number portability proceeding pursuant to the Cost 
Classification Order. For instance, incumbent LECs must demonstrate 
that any incremental overhead costs claimed in their cost support are 
actually new costs incremental to and resulting from the provision of 
long-term number portability. (No. of respondents: 67; hours per 
response: 85.5 hours; total annual hours: 5728.5 hours).
    d. Recordkeeping Requirement: Telecommunications carriers are 
required to provide information about their international and regional 
end-user telecommunications revenues that will enable the regional 
database administrator to allocate the costs of the number portability 
regional databases in a competitively neutral manner. See 47 CFR 
Sections 52.32 and 52.33. Incumbent LECs are also required to maintain 
records that detail both the nature and specific amount of these 
carrier-specific costs that are directly related to number portability, 
and those carrier-specific costs that are not directly related to 
number portability. See the Third Report and Order, CC Docket No. 95-
116, released May 12, 1998. (No. of respondents: 1400; hours per 
response: 2 hours; total annual hour: 2800 hours).
    The information collected and required by the Commission will be 
used to implement Section 251 of the Communications Act of 1934, as 
amended. Obligation to respond: Required to obtain or retain benefits.

    OMB Control No.: 3060-0775.

[[Page 56580]]

    Expiration Date: 09/30/2003.
    Title: Separate Affiliate Requirement for Independent Local 
Exchange Carrier (LEC) Provision of International, Interexchange 
services (47 CFR Sections 64.1901-64.1903).
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 10 respondents; 6056.3 hours per response 
(avg.).; 60,563 total annual burden hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: 
$1,003,000.
    Frequency of Response: Recordkeeping.
    Description: In CC Dockets No. 96-149 and 96-61, the Commission 
imposed recordkeeping requirements on independent LECs. Independent 
LECs wishing to offer international, interexchange services must comply 
with the separate affiliate requirements of the Competitive Carrier 
Fifth Report and Order in order to do so. One of these requirements is 
that the independent LEC's international, interexchange affiliate must 
maintain books of account separate from such LECs' local exchange and 
other activities. This regulation does not require that the affiliate 
maintain books of account that comply with the Commission's Part 32 
rules; rather, it refers to the fact that as a separate legal entity, 
the international, interexchange affiliate must maintain its own books 
of account in the ordinary course of its business. This recordkeeping 
requirement is used by the Commission to ensure that independent LECs 
providing international, interexchange services through a separate 
affiliate are in compliance with the Communications Act, as amended, 
and with Commission policies and regulations. Obligation to respond: 
Mandatory.

    OMB Control No.: 3060-0710.
    Expiration Date: August 31, 2003.
    Title: Policy and Rules Concerning the Implementation of the Local 
Competition Provisions of the Telecommunications Act of 1996--CC Docket 
96-98.
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 12,250 respondents; 124.86 hours per 
response (avg.).; 1,529,620 total annual burden hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion; Recordkeeping; Third Party 
Disclosure.
    Description: The Commission adopted rules and regulations to 
implement parts of 47 USC sections 251 and 252 that affect local 
competition. Incumbent local exchange carriers (LECs) are required to 
offer interconnection, unbundled network elements, transport and 
termination, and wholesale rates for certain services to new entrants. 
Incumbent LECs must price such services at rates that are cost-based 
and just and reasonable and provide access to rights-of-way as well as 
establish reciprocal compensation arrangements for the transport and 
termination of telecommunications traffic.
    a. Submission of Information Necessary to Reach Agreement. Parties 
negotiating agreements under section 252 are required to provide each 
other with information necessary to reach agreement. 47 USC 252(b). See 
also 47 CFR Sections 51.301, 51.100. (No. of respondents: 51; hours per 
response: 500 hours; total annual burden: 25,500 hours).
    b. Submission of Agreements to the State Commission. Carriers must 
file interconnection agreements negotiated or arbitrated under the 1996 
Act with the appropriate state commissions. Carriers must also file 
their existing interconnection agreements, including those with 
neighboring local exchange carriers (LECs), with the appropriate state 
commissions, according to schedules imposed by state commissions. 
Agreements between Class A carriers must be submitted to the state 
commission no later than June 30, 1997 or such earlier date as a state 
commission may require. Once agreements are approved by the state 
commission, incumbent LECs are also required to make provisions of 
their approved agreements available to all parties. 47 USC 252(e)(1), 
252(i). See also 47 CFR Sections 51.100, 51.3, 51.303. (No. of 
respondents: 551; hours per response: 1.5 hours (avg.).; total annual 
burden: 835 hours).
    c. Burden of Proof Regarding Interconnection and Access to 
Unbundled Network Elements. An incumbent LEC may be required to provide 
information to state commissions to prove that a particular 
interconnection or access point to unbundled network elements is not 
technically feasible. An incumbent LEC that denies a request to combine 
network elements must prove by clear and convincing evidence that the 
requested combination is not technically feasible or that the requested 
combination would impair the ability of other carriers to interconnect 
or to access unbundled network elements. 47 USC 251(c)(2), (c)(3). See 
also CFR Sections 51.305, 51.323. (No. of respondents: 100; hours per 
response: 250 hours; total annual burden: 25,000 hours).
    d. Collocation. When an incumbent LEC alleges that there are space 
constraints, it must provide the state commission with detailed floor 
plans or diagrams of those premises. When an incumbent LEC objects to 
collocation of equipment by a telecommunications carrier, the incumbent 
LEC bears the burden of demonstrating to the state commission that the 
equipment will not be actually used for the purpose of obtaining 
interconnection or gaining access to unbundled network elements. An 
incumbent LEC providing collocation must permit interconnection of 
copper or coaxial cable if such interconnection is first approved by 
the state commission. 47 USC 251(c)(6). See also 47 CFR Sections 
51.321, 51.323. (No. of respondents: 100; hours per response: 25 hours; 
total annual burden: 25,000 hours).
    e. Notification that a State Commission Has Failed to Act. 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; (2) 
serve the state commission and other parties to the proceeding on the 
same day that the party serves the petition on the Commission; and (3) 
within 15 days of the filing of the petition, the state commission and 
parties to the proceeding may file a response to the petition. 47 USC 
252(e). See also 47 CFR Section 51.803. (No. of respondents: 30; hours 
per response: 1 hour; total annual burden: 30 hours).
    f. Rural and Small Carriers. Rural and small carriers may have to 
submit information to state commissions in order to (1) justify a 
continued exemption under section 251(f)(1) once a bona fide request 
has been made; and (2) petition a state commission for a suspension or 
modification of the Act's requirements under section 251(f)(2). 47 USC 
251(f). See also 47 CFR Section 51.403. (No. of respondents: 500 hours; 
hours per response: 10 hours; total annual burden: 5000 hours).
    g. Pole Attachment Modifications. Absent a private agreement 
establishing notification procedures, utilities must provide no less 
than 60 days' written notification of a modification of a pole 
attachment to parties holding attachments on the facility to be 
modified. Notice should be sufficiently specific to apprise the 
recipient of the nature and scope of the planned

[[Page 56581]]

modification. If the contemplated modification involves an emergency 
situation for which advanced written notice would prove impractical, 
the notice requirement does not apply, except that notice should be 
given as soon as reasonably practicable, which in some cases may be 
after the modification is completed. This requirement does not apply to 
routine pole maintenance activities. Utilities and parties with 
attachments should exchange maintenance handbooks or other written 
descriptions of their standard maintenance practices. Changes to these 
practices should be made only upon 60 days' written notice. 47 USC 
Sec. 224(h). See also 47 CFR Section 1.1403. (No. of respondents: 
12,250; hours per response: .50 hours; total annual burden: 531,125 
hours).
    h. Pole Attachment Access Requests and Denials of Access. The 
Commission adopts procedures to provide a complete record of pole 
access requests and denials of requests. Therefore, cable operators and 
telecommunications carriers must provide written requests for access to 
utilities. If access is not granted within 45 days of the request, the 
utility must confirm the denial in writing by the 45th day. The denial 
must be specific, and the utility must include all relevant evidence 
supporting its denial. It must enumerate how the evidence relates to 
one of the reasons that access can be denied under Section 224(f)(2), 
i.e., lack of capacity, safety, reliability or engineering standards. 
47 USC 224(f), 251(b)(4). See also CFR Section 1.1403. (No. of 
respondents: 2750; hours per response: 1.18 hours (avg.).; total annual 
burden: 3250 hours).
    i. Dispute Resolution Process for Denials of Access. Upon the 
receipt of a notice of denial from the utility, the requesting party 
shall have 60 days to file its complaint with the Commission. We 
anticipate that by following the required procedure for denials of 
access, the Commission will, upon receipt of a complaint, have all 
relevant information upon which to make its decision. The petition must 
be served pursuant to Section 1.1404(b) of the Commission's rules. 47 
USC 224(f), 251(b)(4). See also CFR Sections 1.1403, 1.1404. (No. of 
respondents: 500; hours per response: 14.5 hours; total annual burden: 
7250 hours).
    j. Preparation of Forward-Looking Economic Cost Studies to 
Determine Rates for Interconnection and Unbundled Network Elements 
during Arbitration Proceedings. States may prepare themselves, or 
require parties to prepare, forward-looking economic cost studies to 
determine rates for unbundled elements during arbitration proceedings. 
47 U.S.C. 251(c)(2), (c)(3), (c)(6), 252(d)(1). See also 47 CFR Section 
51.505. (No. of respondents: 100; hours per response: 1216 hours; total 
annual burden: 121,600 hours).
    k. Preparation of a Cost Study on Avoidable Costs to Determine 
Resale Discounts. States may prepare themselves, or require parties to 
prepare, avoided cost studies to determine resale discounts. Initially, 
a state may choose a percentage within the Commission's default 
discount percentage range, or set a discount through review of an 
avoided cost study prepared by a state or a party. A state that chooses 
to employ the Commission's default discount percentage range must 
articulate a reason for its choice, and must set a resale discount 
through review of an avoided cost study within a reasonable time after 
choosing the default percentage. 47 U.S.C. 251(c)(4), 252(d)(3). See 
also 47 CFR Sections 51.609, 51.611. (No. of respondents: 200; hours 
per response: 480 hours; total annual burden: 96,000 hours).
    l. Preparation of Forward-Looking Economic Cost Studies Conducted 
to Determine Reciprocal Rates for Transport and Termination of 
Telecommunications Traffic. Parties may prepare forward-looking 
economic cost studies to demonstrate their costs incurred for the 
transport and termination of telecommunications traffic. 47 U.S.C. 
251(b)(5), 252(d)(2). See also 47 CFR Sections 51.505, 51.511, 51.705. 
(No. of respondents: 100; hours per response: 1216 hours; total annual 
burden: 121,600 hours).
    m. Measurement of Traffic for Purposes of Determining Whether 
Transport and Termination Traffic Flows are Symmetrical. Parties will 
measure traffic flow to determine their reciprocal compensation payment 
obligations. Those parties regulated under a bill-and-keep arrangement 
may wish to measure relative traffic flow to determine whether it is 
roughly balanced. 47 U.S.C. 251(b)(5), 252(d)(2). See also 47 CFR 
Sections 51.713, 51.703, 51.705. (No. of respondents: 550; hours per 
response: 700 hours; total annual burden: 385,000 hours).
    n. Filing Required for Arbitration. Parties must provide 
documentation to states (or the Commission acting under 252(e)(5)) when 
arbitration is to occur. This information will consist of a statement 
of unresolved issues and the positions of the parties with respect to 
those issues, and a list of other issues discussed and resolved by the 
parties. 47 U.S.C. 252(b)(2).
    See also 47 CFR Section 51.807. (No. of respondents: 200; hours per 
respondent: 2 hours; total burden: 400 hours).
    o. Determination of Rates for Interconnection, Unbundled Network 
Elements, and Transport and Termination of Telecommunications Traffic--
State Commission Review of Forward-Looking Economic Cost Studies. The 
statute provides that during an arbitration the state commission shall 
set prices for interconnection, unbundled network elements, and 
transport and termination of telecommunications traffic. The state 
commission sets such prices either through review of a forward-looking 
economic cost study, or by choosing one of the Commission's proxies. 47 
U.S.C. 251(b), (c)(2), (c)(3), (c)(6), 252(d)(1). See also 47 CFR 
Section 51.507, 51.503, 51.505. (No. of respondents: 50; hours per 
response: 2160 hours; total annual burden: 108,000 hours).
    p. Determination of Resale Discount Percentage--State Commission 
Review of Avoided Cost Studies. The statute provides that during an 
arbitration, the state commission shall set the percentage discount for 
resale of telecommunications services. Initially, a state may choose a 
discount percentage within the Commission's default discount percentage 
range, or set a discount through review of an avoided cost study 
prepared by a state or a party. A state that chooses to employ the 
Commission's default discount percentage range must set a resale 
discount through review of an avoided cost study within a reasonable 
time after choosing the default percentage. 47 U.S.C. 251(c)(4), 
252(d)(3). See also 47 CFR Section 51.611. (No. of respondents: 50; 
hours per response: 640 hours; total annual burden: 32,000 hours).
    q. Petition for Incumbent LEC Status. A state commission, or any 
other interested party, may request that the Commission issue an order 
declaring that a particular LEC be treated as an incumbent LEC, or that 
a class or category of LECs be treated as incumbent LECs. 47 U.S.C. 
251(h)(2). (No. of respondents: 30; hours per response: 1 hour; total 
annual burden: 30 hours).
    r. Use of Proxies by State Commissions--Articulating Written 
Reasons for Choice. State commissions may set rates for 
interconnection, unbundled network elements, transport and termination 
of telecommunications traffic, and resale utilizing a proxy or default 
percentage as an alternative to conducting or reviewing a cost study. 
In the First Order on Reconsideration, the Commission created a proxy 
to assist

[[Page 56582]]

state commissions in setting rates for the flat-rated component of the 
local switching network element. If a state commission chooses this 
option, it must articulate written reasons for its choice. 47 USC 
251(b)(5), (c)(2), (c)(3), (c)(4), (c)(6), 252(d)(1), (d)(2), (d)(3). 
See also 47 CFR Sections 51.503, 51.505. (No. of respondents: 50; hours 
per response: 120 hours; total annual burden: 6000 hours).
    s. Preparation of Forward-looking Economic Cost Studies to 
Establish Rates for Transport and Termination for Paging and 
Radiotelephone Service, Narrowband Personal Communications Services, 
and Paging Operations in the Private Land Mobile Radio Services. A 
state commission shall establish the rates that licensees in the Paging 
and Radiotelephone Service, Narrowband Personal Communications 
Services, and Paging Operations in the Private Land Mobile Radio 
Services may charge to other carriers for transport and termination of 
traffic, to the extent these carriers are unable to reach agreement on 
transport and termination rates in their interconnection agreements. 
Such rates must be based on forward-looking economic costs, and may not 
be set utilizing a proxy. Given the lack of information in the record 
concerning paging providers' costs, the Commission was unable to set a 
proxy for transport and termination rates for use by these carriers. 47 
U.S.C. 251(b)(5). See also 47 CFR Sections 20.11, 51.505, 51.513. (No. 
of respondents: 50; hours per response: 720 hours; total annual burden: 
36,000 hours). All of the requirements would be used to ensure that 
respondents comply with their obligations under the Telecommunications 
Act of 1996. Obligation to respond: 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. 00-24027 Filed 9-18-00; 8:45 am]
BILLING CODE 6712-01-P