[Federal Register Volume 66, Number 122 (Monday, June 25, 2001)]
[Notices]
[Pages 33697-33699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15902]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collections Approved by Office of Management 
and Budget

June 8, 2001.
    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.: 3060-0973.
    Expiration Date: 11/30/2001.
    Title: Section 64.1120(e) `` Sale or Transfer of Subscriber Base to 
Another Carrier (CC Dockets 00-257 and 94-129).
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 75 respondents; 6 hours per response 
(avg.); 450 total annual burden hours (for all collections approved 
under this control number).
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion; Third Party Disclosure.
    Description: In the First Report and Order in CC Docket No. 00-257 
and the Fourth Report and Order in CC Docket No. 94-129 (Fourth Report 
and Order), the Commission amended section 64.1120 of its rules, as 
part of its biennial regulatory review effort, to establish a 
streamlined self-certification process for the carrier-to-carrier sale 
or transfer of subscriber bases, thereby eliminating the need to obtain 
a waiver of Commission rules prior to closing a transaction. This 
process is designed to ensure that the affected subscribers have 
adequate information about the carrier change in advance, that they are 
not financially harmed by the change, and that they will experience a 
seamless transition of service from their original carrier to the 
acquiring carrier. This process also will provide the Commission with 
information it needs to fulfill its consumer protection obligations. 
Pursuant to 64.1120(e), a telecommunications carrier may acquire, 
through a sale or transfer, either part or all of another 
telecommunications carrier's subscriber base without obtaining each 
subscriber's authorization and verification in accordance with Section 
64.1120(c), provided that the acquiring carrier complies with the 
streamlined procedures set forth in Section 64.1120(e)(1) through (3). 
a. Section 64.1120(e)(1)-(2), Notification and Certification to the 
Commission. Pursuant to 47 CFR 64.1120(e)(1)-(3), no later than 30 days 
before the planned transfer of the affected subscribers from the 
selling or transferring carrier to the acquiring carrier, the acquiring 
carrier shall file with the Commission's Office of the Secretary a 
letter notification in CC Docket No. 00-257 providing the names of the 
parties to the transaction, the types of telecommunications services to 
be provided to the affected subscribers, and the date of the transfer 
of the subscriber base to the acquiring carrier. The acquiring carrier 
also shall certify compliance with the requirement to provide advance 
subscriber notice in accordance with 47 CFR 64.1120(e)(3). In addition, 
the acquiring carrier shall attach a copy of the notice sent to the 
affected subscribers. If, subsequent to the filing of the letter 
notification with the Commission, any material changes to the required 
information should develop, the acquiring carrier shall file written 
notification of these changes with the Commission no more than 10 days 
after the transfer date announced in the prior notification. See 47 CFR 
64.1120(e)(1)-(2). (Number of respondents: 75; hours per response: 1 
hour; total annual burden: 75 hours). b. Section 64.1120(e)(3), Pre-
Transfer Subscriber Notification and Certification to the Commission. 
Not later than 30 days before the transfer of the affected subscribers 
from the selling or transferring carrier to the acquiring carrier, the 
acquiring carrier shall provide written notice to each affected 
subscriber of the information specified in 47 CFR 64.1120(e)(3). 
(Number of respondents: 75; hours per response: 5 hours; total annual 
burden: 75 hours). The information will be used to implement Section 
258 of the Communications Act of 1934, as amended. The information will 
expedite procedures for handling the sale or transfer of subscribers, 
while adequately protecting consumers. Obligation to respond: Required 
to obtain or retain benefits.

    OMB Control No.: 3060-0298.
    Expiration Date: 11/30/2001.
    Title: Tariffs (Other Than Tariff Review Plan)--Part 61.
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 3000 respondents; 45 hours per response 
(avg.); 135,000 total annual burden hours (for all collections approved 
under this control number).
    Estimated Annual Reporting and Recordkeeping Cost Burden: 
$2,161,000.
    Frequency of Response: On occasion; Annually, Biennially, Third 
Party Disclosure.
    Description: Sections 201, 202, 203, 204 and 205 of the 
Communications Act of 1934, as amended, 47 U.S.C. Sections 201, 202, 
203, 204 and 205, require that common carriers establish just and 
reasonable charges, practices and regulations for the services they 
provide. The schedules containing these charges, practices and 
regulations must be filed with the Commission which is required to 
determine whether such schedules are just, reasonable and not unduly 
discriminatory. Part 61 of the Commission's Rules establishes the 
procedures for filing tariffs which contain the charges, practices and 
regulations of the common carriers, supporting economic data and other 
related documents. The supporting data must also conform to other parts 
of the Rules such as Parts 36 and 69. Part 61 prescribes the framework 
for the initial establishment of and subsequent revisions to tariffs. 
Tariffs that do not conform to Part 61 requirements may be rejected. In 
addition to tariffs filed with the Commission, carriers may be required 
to post their schedules or rates

[[Page 33698]]

and regulations. See 47 CFR 61.72. On April 27, 2001, the Commission 
released the Seventh Report and Order (i.e., the CLEC Access Order) in 
CC Docket No. 96-262, which limited the application of the Commission's 
tariff rules to interstate access services provided by nondominant 
local exchange carriers (i.e., competitive local exchange carriers 
(CLECs)). Pursuant to the CLEC Access Order, CLEC access rates that are 
at or below a benchmark set by the Commission will be presumed to be 
just and reasonable and may be imposed by tariff. Above the benchmark, 
CLEC access services will be mandatorily detariffed. The practical 
effect of the CLEC Access Order is that some CLECs will need to revise 
their existing tariffs to bring their rates into line with the 
benchmark. CLECs will need to follow similar procedures on an annual 
basis for the next three years, as the benchmark declines pursuant to a 
schedule adopted by the Commission. The information collected through a 
carrier's tariff is used by the Commission to determine whether the 
services offered are just and reasonable as the Act requires. The 
tariffs and any supporting documentation are examined in order to 
determine if the services are offered in a just and reasonable manner. 
Obligation to respond: Mandatory.

    OMB Control No.: 3060-0789.
    Expiration Date: 05/31/2004.
    Title: Modified Alternative Plan, CC Docket No. 90-571 Order and 
Second Further NPRM.
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 33 respondents; 42.2 hours per response 
(avg.); 1394 total annual burden hours (for all collections approved 
under this control number).
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion; Third Party Disclosure.
    Description: Title IV of the Americans with Disabilities Act of 
1990 (ADA) requires each common carrier providing voice transmission 
services to provide Telecommunications Relay Services (TRS) throughout 
the area it serves to individuals with hearing and speech disabilities 
by 1993. The TRS enables customers with hearing or speech disabilities 
to use the telephone network in ways that are ``functionally 
equivalent'' to those used by customers using traditional telephone 
service. Under the Commission's rules, the TRS must be able to handle 
all calls normally provided by common carriers, unless those carriers 
demonstrate the infeasibility of doing so. 47 CFR 64.604(a)(3). The 
Commission has interpreted ``all calls'' to include coin sent-paid 
calls, which are calls made by depositing coins in a standard coin-
operated public payphone. Through a series of suspension orders, the 
Bureau suspended the enforcement of the requirement that carriers 
provide coin sent-paid calls through the TRS centers since 1993 based 
on common carriers' representations that it has been technically 
infeasible to provide the coin sent-paid service through the TRS 
centers (``coin sent-paid rule''). The last suspension order was set to 
expire on May 26, 2001. Since 1995, carriers have made payphones 
accessible to TRS users through an Alternative Plan (``Alternative 
Plan''). The Alternative Plan enables TRS users to make local relay 
calls for free and to make toll calls from payphones using calling or 
prepaid cards at or below the coin call rates. The Alternative Plan 
also requires carriers to educate TRS users about the alternative 
payment methods for the TRS users to make relay calls from payphones. 
Because no technological solution to the coin sent-paid issue appears 
to be imminent, the Commission issued a Second Further Notice of 
Proposed Rulemaking (Further Notice) to determine the best plan to make 
the full range of payphone services available to TRS users. Thus, the 
Commission sought comment on whether to modify its rules to permit TRS 
providers to treat coin sent-paid TRS calls in a manner different from 
all other calls, or to suspend permanently the enforcement of the 
requirement that TRS be capable of handling any type of call with 
respect to coin sent-paid calls. Additionally, the Commission sought 
input on the proposed rule to provide functionally equivalent payphone 
service to TRS users in order to develop a sound policy on the 
obligation of TRS providers with respect to coin sent-paid calls. OMB 
approved the current and the proposed information collections contained 
in the Further Notice. Following is a listing of the approved current 
and proposed requirements: a. Letters to TRS Centers. (Number of 
respondents: 1; hours per response: 4 hours; total annual burden: 4 
hours). b. Telephone conversation between industry and non-industry 
representatives before national and regional meetings sponsored by 
organizations representing the hearing and speech disability community. 
(Number of respondents: 1; hours per response: 2 hours; total annual 
burden: 2 hours). c. Article in CAN's newsletter. (Number of 
respondents: 1; hours per response: 8 hours; total annual burden: 8 
hours). d. Letter to CAN's Members. The Commission proposed to expand 
this requirement to require that carriers mail to CAN members and 
member organizations and to TRS centers, a consumer education letter 
providing instructions on how to make TRS payphone calls and the 
various options available for payment of these calls. (Number of 
respondents: 30; hours per response: 4 hours; total annual burden 120 
hours). e. Create and Distribute Laminated Cards. The Commission 
proposed to expand this requirement to require that carriers attend and 
set up informational booths at local, regional, and national consumer 
conferences of organizations representing people who are deaf, hard of 
hearing and speech disabled. At the booths, designees should 
disseminate educational material, which may include, but not be limited 
to wallet-size cards with visual characters and text describing how to 
make relay calls from payphones. (Number of respondents: 30; hours per 
response: 15 hours; total annual burden: 450 hours). f. Display of 
Instructions. The Commission proposed to require carriers to place 
instructions on how to make TRS payphone calls, near or on TTY 
payphones located in public areas. (number of respondents: 30; hours 
per response: 15 hours; total annual burden: 450 hours). g. Internet 
Web Site. The Commission proposed to require carriers to establish an 
Internet web site for individuals to obtain information about making 
relay calls from payphones. The web site could illustrate how to make 
relay calls from payphones, provide information on the cost of such 
calls, display the consumer education letter and/or provide a video on 
making relay calls from a payphone. (Number of respondents: 30; hours 
per response: 4 hours; total annual burden: 120 hours). h. Publication 
in Directories. The Commission proposed to require carriers to place 
step-by-step instructions that describe how to make relay calls from 
payphones in telephone directors. (Number of respondents: 30; hours per 
response: 4 hours; total annual burden: 120 hours). i. Reports. The 
Commission proposed to require carriers to file reports with the 
Commission detailing the steps that have been taken to comply with the 
consumer education program contained in the final Order. (Number of 
respondents: 30; hours per response: 4 hours; total annual burden: 120 
hours). The purposes of the requirements are to educate TRS users about 
their ability to make relay calls from payphones, the payment methods 
available and the rates for the payphone calls. The report

[[Page 33699]]

will help the Commission assess the effectiveness of the current 
consumer education programs and determine whether further requirements 
to educate TRS users about their ability to make relay calls from 
payphones are warranted. Obligation to respond: Required to obtain or 
retain benefits.
    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. 01-15902 Filed 6-22-01; 8:45 am]
BILLING CODE 6712-01-P