[Federal Register Volume 66, Number 193 (Thursday, October 4, 2001)]
[Notices]
[Pages 50651-50655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24861]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collections Approved by Office of Management 
and Budget

September 28, 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.: 3060-0355.
    Expiration Date: 07/31/2004.
    Title: Rate of Return Reports.
    Form No.: FCC Forms 492 and 492A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 113 respondents; 8 hours per response 
(avg.).; 904 total annual burden hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion, Annually, Recordkeeping.
    Description: Section 65.600 of the FCC Rules requires filing of FCC 
Form 492 and FCC Form 492A. 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 data are 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. Copies of the forms 
and instructions may be downloaded from the Commission's forms Web page 
(www.fcc.gov/formpage.html). Copies may also be obtained by either 
writing to the Commission's Forms Distribution Center, 9300 E. Hampton 
Drive, Capital Heights, Maryland 20431, or by calling telephone number 
1-800-418-3676 and leaving a request on the answering machine provided 
for this purpose. Obligation to respond: Mandatory.
    OMB Control No.: 3060-0814.
    Expiration Date: 03/31/2002.
    Title: Section 54.301, Local Switching Support and Local Switching 
Support Data Collection form and Instructions.
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 195 respondents; 19.4 hours per response 
(avg.); 3787 total annual burden hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion; Annually; Third Party 
Disclosure; Recordkeeping.
    Description: 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, on March 
8, 1996, the Commission adopted a Notice of Proposed Rulemaking (NPRM) 
in CC Docket No. 96-45 to implement the congressional directives set 
out in section 254 of the Communications Act of 1934, as amended by the 
1996 Act. On May 8, 1997, the Commission released the Report and Order 
on Universal Service (Universal Service Order) in CC Docket 96-45 that 
established new federal universal service support mechanisms consistent 
with the universal service provisions of section 254. In the Fourth 
Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC 
Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72 (adopted December 30, 
1997, released December 30, 1997), the Commission reconsidered certain 
aspects of the Universal Service Order. Among other things, the Fourth 
Order on Reconsideration adopted a precise methodology for the 
universal service administrator to use in calculating the average 
unseparated local switching revenue requirement. Pursuant to 47 CFR 
section 54.301(a) through (e)--Local Switching Support, each incumbent 
local exchange carrier that is not a member of the NECA Common Line 
tariff that has been designed an eligible telecommunications carrier, 
and that serves a study area with 50,000 or fewer access lines shall, 
for each study area, must provide the Administrator with the projected 
total unseparated dollar amount assigned to each account in section 
54.301(b). Pursuant to 47 CFR 54.301(a) through (f)--Local switching 
support, each incumbent local exchange carrier that is not a member of 
the NECA Common Line tariff, that is an average schedule company, that 
has been designated an eligible telecommunications carrier, and that 
serves a study area with 50,000 or fewer access lines shall, for each 
study area, provide the Administrator with the total number of access 
lines, total number of central offices, and projected access minutes. 
This information is necessary so that the universal service 
administrator may comply with section 54.301(f) of the Commission's 
rules. Section 54.301(f) provides that, consistent with the 
Commission's treatment of average schedule companies, the universal 
service administrator should develop ``a formula that simulates the 
disbursements that would be received pursuant to this section by a 
company that is representative of average schedule companies.'' 47 CFR 
54.301(f). Carriers are required to file true up data. See 47 CFR 
54.301(e). Carriers must file this information within 12 months after 
the initial report. The universal service administrator, USAC, has 
developed a form to collect the information specified in the 
Commission's rules. Copies of the forms and instructions may be 
obtained from the Administrator by calling 202-776-0200. Copies of the 
form and instructions may also be downloaded

[[Page 50652]]

from the Administrator's Web page (www.universalservice.org). This data 
request is necessary to calculate the average unseparated local 
switching revenue requirement. This revenue requirement calculation is 
necessary to calculate the amount of local switching support that 
carriers will receive. Obligation to respond: Mandatory.
    OMB Control No.: 3060-0824.
    Expiration Date: 09/30/2004.
    Title: Service Provider Information Form.
    Form No.: FCC Form 498.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 10,000 respondents; 1 hours per response 
(avg.); 10,000 total annual burden hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion; Third Party Disclosure; 
Recordkeeping.
    Description: 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, on March 
8, 1996, the Commission adopted a Notice of Proposed Rulemaking (NPRM) 
in CC Docket No. 96-45 to implement the congressional directives set 
out in section 254 of the Communications Act of 1934, as amended by the 
1996 Act. In connection with this proceeding, the Commission appointed 
the Universal Service Administrative Company (USAC) as temporary 
administrator of certain portions of the universal service support 
mechanisms, including portions of schools and libraries and rural 
health care programs. One of the functions of USAC is to provide a 
mechanism for the billing and collection of funds for the schools and 
libraries and rural health care programs. Pursuant to sections 54.515 
and 54.611 of the Commission's rules, 47 CFR 54.515 and 54.611, USAC 
must obtain information relating to: Service provider name and address, 
telephone number, Federal employer identification number, contact names 
and telephone numbers, and billing and collection information. To that 
end, USAC developed a Service Provider Information Form, FCC Form 498, 
to collect this information from carriers and service providers 
participating in the programs. FCC Form 498 is necessary to implement 
the congressional mandate for universal service. FCC Form 498 is 
necessary to make payments to telecommunications carriers and providers 
of eligible support services. Copies of the forms and instructions may 
be obtained from the Administrator by calling 202-776-0200. Copies of 
the form and instructions may also be downloaded from the 
Administrator's Web page (www.universalservice.org). Obligation to 
respond: Required to obtain or retain benefits.
    OMB Control No.: 3060-0804.
    Expiration Date: 09/30/2004.
    Title: Universal Service--Health Care Providers Universal Service 
Program.
    Form No.: FCC Forms 465, 466, 466-A, 467, and 468.
    Respondents: Not-for-profit institutions; Business or other for-
profit.
    Estimated Annual Burden: 5255 respondents; 1.8 hours per response 
(avg.); 9755 total annual burden hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion; Third Party Disclosure.
    Description: The Telecommunications Act of 1996 (1996 Act) directed 
the Commission to initiate a rulemaking reform to our system of 
universal service so that universal service is preserved and advanced 
as markets move toward competition. To fulfill that mandate, on March 
8, 1996, the Commission adopted a Notice of Proposed Rulemaking (NPRM) 
in CC Docket No. 96-45 to implement the Congressional directives set 
out in section 254 of the Communications Act of 1934, as amended by the 
1996 Act. On May 8, 1997, the Commission adopted rules providing, among 
other things, that rural health care providers receive access to 
advanced telecommunications services at rates that are reasonably 
comparable to those available in urban areas. All rural health care 
providers planning to order eligible telecommunications services at 
discounted rates under the universal service program must file FCC 
Forms 465, 466, 466-A, 467 and 468. a. FCC Form 465, Description of 
Service Requested and Certification. Rural health care providers 
ordering discounted telecommunications services under the universal 
service program must submit FCC Form 465, Description of Service 
Requested and Certification, to the Administrator. Rural health care 
providers must certify their eligibility to receive discounted 
telecommunications services. 47 CFR 54.615(c). 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: 1200; hours 
per response: 2.5 hours; total annual burden: 3000 hours). b. FCC Form 
466, Funding Request and Certification: Rural health care providers 
that have ordered telecommunications under the universal service 
discount program must file FCC Form 466, Funding Request and 
Certification Form, with the Administrator. The data reported will be 
used to ensure that health care providers have selected the most cost-
effective method of providing the requested services. 47 CFR 
54.603(b)(4). (No. of respondents: 1350; hours per response: 2 hours; 
total annual burden: 2700 hours). c. FCC Form 466-A, Internet Toll 
Charge Discount Request: If a rural health care provider is only 
seeking support for toll charges to access the Internet, it must submit 
FCC Form 466-A. (No. of respondents: 5; hours per response: 1 hours; 
total annual burden: 5 hours). d. FCC Form 467, Connection 
Certification. Rural health care providers participating in the 
universal service support mechanism must submit FCC Form 467 to inform 
the Administrator that they have begun to receive, or have stopped 
receiving, the telecommunications services for which universal service 
support has been allocated. The data reported will be used to ensure 
that universal service support is distributed to telecommunications 
carriers serving eligible health care providers pursuant to 47 CFR 
54.611. (No. of respondents: 1350; hours per response: 1.5 hours; total 
annual burden: 2025 hours). e. FCC Form 468, Telecommunications Carrier 
Form: Rural health care providers ordering telecommunications services 
under the universal service support mechanism must submit FCC Form 468, 
Telecommunications Carrier Form, to the Administrator. The data 
reported will be used to ensure that the telecommunications carrier 
receives the appropriate amount of credit for providing 
telecommunications services to eligible health care providers. 47 CFR 
54.605-611. (No. of respondents: 1350; hours per response: 1.5 hours; 
total annual burden: 2025 hours). Copies of the forms and instructions 
may be obtained from the administrator by calling 1-800-229-5476. 
Copies of the forms and instructions may also be downloaded from the 
Administrator's Web page (www.rl.universalservice.org). Obligation to 
respond: Required to obtain or retain benefits.
    OMB Control No.: 3060-0787.
    Expiration Date: 09/30/2004.
    Title: Implementation of the Subscriber Carrier Selection Changes 
Provisions of the Telecommunications Act of 1996; Policies and Rules 
Concerning Unauthorized Changes of Consumers Long Distance.
    Form No.: FCC Form 478.

[[Page 50653]]

    Respondents: Business or other for-profit; Individuals or 
household; State, local or tribal government.
    Estimated Annual Burden: 28,414 respondents; 4.7 hours per response 
(avg.); 135,126 total annual burden hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion; Semi-annually; Third Party 
Disclosure; Recordkeeping.
    Description: Section 258 of the Communications Act of 1934 (Act), 
as amended by the Telecommunications Act of 1996, makes it unlawful for 
any telecommunications carrier to ``submit or execute a change in a 
subscriber's selection of a provider of telecommunications exchange 
service or telephone toll service except in accordance with such 
verification procedures as the Commission shall prescribe.'' The 
section further provides that any telecommunications carrier that 
violates such verification procedures and that collects charges for 
telephone exchange service or telephone toll service from a subscriber, 
shall be liable to the carrier previously selected by the subscriber in 
an amount equal to all charges paid by the subscriber after such 
violation. In the Second Report and Order and Further Notice of 
Proposed Rulemaking (section 258 Order) issued in CC Docket No. 94-129, 
the Commission adopted rules to implement section 258 of the 
Communications Act of 1934 (Act), as amended by the Telecommunications 
Act of 1996 (1996 Act). The goal of section 258 is to eliminate the 
practice of ``slamming,'' which is the unauthorized change of a 
subscriber's preferred carrier. In the section 258 Order, the 
Commission adopted various rules addressing verification of preferred 
carrier changes and preferred carrier freezes. The Commission also 
adopted liability rules designed to take the profit out of slamming. In 
the First Order on Reconsideration (Order), released May 3, 2000, the 
Commission amended certain of its liability rules by requiring slamming 
disputes between consumers and carriers to be brought before 
appropriate state commissions, or this Commission in cases where the 
state has not opted to administer our rules, rather than to authorized 
carriers. The Order also modified the liability rules that apply when a 
consumer has paid charges to a slamming carrier. The Order set forth 
certain notification requirements to facilitate carriers' compliance 
with the liability rules. The Commission issued a Third Report and 
Order and Second Order on Reconsideration in CC Docket No. 94-129, 
released August 15, 2000 and an Order released February 22, 2001. The 
modifications and additions adopted these Orders will improve the 
carrier change process for consumers and carriers, while making it more 
difficult for unscrupulous carriers to perpetrate slams. Following is a 
synopsis of the requirements approved by OMB. See above-mentioned 
Orders and 47 CFR parts 1 and 64 for complete details. a. Section 
64.1110, State Notification of Election to Administer FCC Rules. 
Pursuant to section 64.1110(a), state notification of an intention to 
administer the Federal Communication Commission's unauthorized carrier 
change rules and remedies shall be filed with the Commission Secretary 
in CC Docket No. 94-129 with a copy of such notification provided to 
the Consumer Information Bureau Chief. Such notification shall contain, 
at a minimum, information on where consumers should file complaints, 
the type of documentation, if any, that must accompany a complaint, and 
the procedures the state will use to adjudicate complaints. Pursuant to 
section 64.1110(b), state notification of an intention to discontinue 
administering the Federal Communication Commission's unauthorized 
carrier change rules and remedies shall be filed with the Commission 
Secretary in CC Docket No. 94-129 with a copy of such amended 
notification provided to the Consumer Information Bureau Chief. Such 
discontinuance shall become effective 60 days after the Commission's 
receipt of the state's letter. (No. of respondents: 51; hours per 
response: 2 hours; total annual burden: 102 hours). b. Section 64.1120, 
Verification of Orders for Telecommunications Carriers. A carrier must 
retain verification records for two years after their creation. 
Pursuant to section 64.1120 no telecommunications carrier shall submit 
a preferred carrier charge order unless and until the order has first 
been confirmed. Telecommunications carriers may obtain the subscriber's 
written authorization as required by section 64.1130 or an electronic 
authorization, or an oral authorization through a qualified independent 
third party. (Number of respondents: 1772; hours per response: 2 hours; 
total annual burden: 3544 hours). c. Section 64.1130, Letter of Agency 
Form and Content. Pursuant to section 64.1130, a telecommunications 
carrier may use a written or electronically signed letter of agency to 
obtain authorization and/or verification of a subscriber's request to 
change his or her preferred carrier selection. A letter of agency that 
does not conform to this section is invalid for purposes of this part. 
The letter of agency shall be a separate document (or easily separable 
document) or located on a separate screen or Web page containing only 
the authorizing language described in 64.1130(e) having the sole 
purpose of authorizing a telecommunications carrier to initiate a 
preferred carrier change. The letter of agency must be signed and dated 
by the subscriber to the telephone lines requesting the preferred 
carrier change. The letter of agency shall not be combined on the same 
document, screen, or Web page with inducements of any kind. The letter 
of agency must contain language that confirms that the subscriber may 
consult with the carrier as to whether a fee will apply to the change 
in the subscriber's preferred carrier. A letter of agency submitted 
with an electronically signed authorization must include the consumer 
disclosures required by section 101(c) of Electronic Signatures in 
Global and National Commerce Act. A carrier shall submit a preferred 
carrier change order on behalf of a subscriber within no more than 60 
days of obtaining a written or electronically signed letter of agency. 
(No. of respondents: 1800; hours per response: 3 hours; total annual 
burden: 5500 hours). d. Section 64.1140, Carrier Liability for 
Slamming. Pursuant to section 64.1140(a), any submitting 
telecommunications carrier that fails to comply with the procedures 
prescribed in this part shall be liable to the subscriber's properly 
authorized carrier in an amount equal to 150% of all charges paid to 
the submitting telecommunications carrier by such subscriber after such 
violation, as well as for additional amounts as prescribed in 
Sec. 64.1170 of part 64. Pursuant to section 64.1140(b), any subscriber 
whose selection of telecommunications service provider is changed 
without authorization or verification in accordance with the procedures 
set for 47 CFR 64.1140 will be liable for charges. (No. of respondents: 
1910; hours per response: 2 hours; total annual burden: 3820 hours). e. 
Section 64.1150, Procedures For Resolution of Unauthorized Changes in 
Preferred Carrier--Pursuant to section 64.1150(a), executing carriers 
who are informed of an unauthorized carrier change by a subscriber must 
immediately notify both the authorized and allegedly unauthorized 
carrier of the incident. This notification must include the identity of 
both carriers. Pursuant to section 64.1150(b), any carrier,

[[Page 50654]]

executing, authorized, or allegedly unauthorized, that is informed by a 
subscriber or an executing carrier of an unauthorized carrier change 
shall direct that subscriber either to the state commission or, where 
the state commission has not opted to administer these rules, to the 
Federal Communications Commission's Consumer Information Bureau, for 
resolution of the complaint. Pursuant to section 64.1150(c), upon 
receipt of an unauthorized carrier change complaint, the relevant 
governmental agency will notify the allegedly unauthorized carrier of 
the complaint and order that the carrier removes all unpaid charges 
from the subscriber's bill pending a determination of whether an 
unauthorized change, as defined by Sec. 64.1100(e), has occurred, if it 
has not already done so. Pursuant to section 64.1150(d), not more than 
30 days after notification of the complaint, or such lesser time as is 
required by the state commission if a matter is brought before a state 
commission, the alleged unauthorized carrier shall provide to the 
relevant government agency a copy of any valid proof of verification of 
the carrier change. Failure by the carrier to respond or provide proof 
of verification will be presumed to be clear and convincing evidence of 
a violation. Pursuant to section 64.1150(e), the Federal Communications 
Commission will not adjudicate a complaint filed pursuant to Sec. 1.719 
or Secs. 1.720-736, involving an alleged unauthorized change, as 
defined by Sec. 64.1100(e) of this part, while a complaint based on the 
same set of facts is pending with a state commission. (No. of 
respondents: 1960; hours per response: 5 hours; total annual hours: 
9800 hours). f. Section 64.1160, Absolution Procedures Where the 
Subscriber Has Not Paid--Pursuant to section 64.1160(a), this section 
shall only apply after a subscriber has determined that an unauthorized 
change, as defined by Sec. 64.1100(e) of this part, has occurred and 
the subscriber has not paid charges to the allegedly unauthorized 
carrier for service provided for 30 days, or a portion thereof, after 
the unauthorized change occurred. Pursuant to section 64.1160(b), an 
allegedly unauthorized carrier shall remove all charges incurred for 
service provided during the first 30 days after the alleged 
unauthorized change occurred, as defined by Sec. 64.1100(e) of this 
part, from a subscriber's bill upon notification that such unauthorized 
change is alleged to have occurred. Pursuant to section 64.1160(c), an 
allegedly unauthorized carrier may challenge a subscriber's allegation 
that an unauthorized change, as defined by Sec. 64.1100(e) of this 
part, occurred. An allegedly unauthorized carrier choosing to challenge 
such allegation shall immediately notify the complaining subscriber 
that: (1) The complaining subscriber must file a complaint with a state 
commission that has opted to administer the FCC's rules, pursuant to 
Sec. 64.1110 of this part, or the FCC within 30 days of either (i) the 
date of removal of charges from the complaining subscriber's bill in 
accordance with paragraph (b) of this section or (ii) the date the 
allegedly unauthorized carrier notifies the complaining subscriber of 
the requirements of this paragraph, whichever is later; and (2) a 
failure to file such a complaint within this 30-day time period will 
result in the charges removed being reinstated on the subscriber's bill 
and, consequently, the complaining subscribers will only be entitled to 
remedies for the alleged unauthorized change other than those provided 
for in Sec. 64.1140(b)(1) of this part. No allegedly unauthorized 
carrier shall reinstate charges to a subscriber's bill pursuant to the 
provisions of this paragraph without first providing such subscriber 
with a reasonable opportunity to demonstrate that the requisite 
complaint was timely filed within the 30-day period described in this 
paragraph. Pursuant to section 64.1160(d), if the relevant governmental 
agency determines after reasonable investigation that an unauthorized 
change, as defined by Sec. 64.1100(e) of this part, has occurred, an 
order shall be issued providing that the subscriber is entitled to 
absolution from the charges incurred during the first 30 days after the 
unauthorized carrier change occurred, and neither the authorized or 
unauthorized carrier may pursue any collection against the subscriber 
for those charges. Pursuant to section 64.1160(e), if the subscriber 
has incurred charges for more than 30 days after the unauthorized 
carrier change, the unauthorized carrier must forward the billing 
information for such services to the authorized carrier. Pursuant to 
section 64.1160(f), if the unauthorized carrier received payment from 
the subscriber for services provided after the first 30 days after the 
unauthorized change occurred, the obligations for payments and refunds 
provided for in Sec. 64.1160 of this part shall apply to those 
payments. Pursuant to section 64.1160(g), if the relevant governmental 
agency determines after reasonable investigation that the carrier 
change was authorized, the carrier may re-bill the subscriber for 
charges incurred. (No. of respondents: 1960; hours per response: 8 
hours; total annual burden: 15,680). g. Section 64.1170, Reimbursement 
Procedures Where the Subscriber Has Paid. Pursuant to section 
64.1170(a), the procedures set forth in section 64.1170 shall apply 
only after a subscriber has determined that an unauthorized change, as 
defined by section 64.1100(e) of our rules, has occurred and the 
subscriber has paid charges to an allegedly unauthorized carrier. 
Pursuant to section 64.1170(b), if the relevant governmental agency 
determines after reasonable investigation that an unauthorized change, 
as defined by Sec. 64.1100(e) of this part, has occurred, it shall 
issue an order directing the unauthorized carrier to forward to the 
authorized carrier the following, in addition to any appropriate state 
remedies, an amount equal to 150% of all charges paid by the subscriber 
to the unauthorized carrier; and copies of any telephone bills issued 
from the unauthorized carrier to the subscriber. Pursuant to section 
64.1170(c), within ten days of receipt of the amount provided for in 
paragraph (b)(1) of this section, the authorized carrier shall provide 
a refund or credit to the subscriber in the amount of 50% of all 
charges paid by the subscriber to the unauthorized carrier. The 
subscriber has the option of asking the authorized carrier to re-rate 
the unauthorized carrier's charges based on the rates of the authorized 
carrier and, on behalf of the subscriber, seek an additional refund 
from the unauthorized carrier, to the extent that the re-rated amount 
exceeds the 50% of all charges paid by the subscriber to the 
unauthorized carrier. The authorized carrier shall also send notice to 
the relevant governmental agency that it has given a refund or credit 
to the subscriber. Pursuant to section 64.1170(d), if an authorized 
carrier incurs billing and collection expenses in collecting charges 
from the unauthorized carrier, the unauthorized carrier shall reimburse 
the authorized carrier for reasonable expenses. Pursuant to section 
64.1170(e), if the authorized carrier has not received payment from the 
unauthorized carrier as required by paragraph (c) of this section, the 
authorized carrier is not required to provide any refund or credit to 
the subscriber. The authorized carrier must, within 45 days of 
receiving an order as described in paragraph (b) of this section, 
inform the subscriber and the relevant governmental agency that issued 
the order if the unauthorized carrier has failed to forward to it the 
appropriate charges, and also inform the

[[Page 50655]]

subscriber of his or her right to pursue a claim against the 
unauthorized carrier for a refund of all charges paid to the 
unauthorized carrier. Pursuant to section 64.1170(f), where possible, 
the properly authorized carrier must reinstate the subscriber in any 
premium program in which that subscriber was enrolled prior to the 
unauthorized change, if the subscriber's participation in that program 
was terminated because of the unauthorized change. If the subscriber 
has paid charges to the unauthorized carrier, the properly authorized 
carrier shall also provide or restore to the subscriber any premiums to 
which the subscriber would have been entitled had the unauthorized 
change not occurred. The authorized carrier must comply with the 
requirements of this section regardless of whether it is able to 
recover from the unauthorized carrier any charges that were paid by the 
subscriber. (No. of respondents: 1960; hours per response: 7 hours; 
total annual burden: 13,720 hours). h. Section 64.1180, Reporting 
Requirement. Pursuant to section 64.1180, each provider of telephone 
exchange and/or telephone toll service shall submit to the Commission 
FCC Form 478, Slamming Complaint Reporting Form, via e-mail (slamming 
[email protected]), U.S. Mail, or facsimile a slamming complaint report form 
identifying the number of slamming complaints received during the 
reporting period and other information as specified in 64.1180(b). 
Reporting shall commence August 15, 2001. Carriers are required to 
complete and file a copy of the FCC Form 478. Copies of the form may be 
downloaded from the Commission's forms Web page (www.fcc.gov/formpage.html). Carriers are encouraged to maintain all records 
regarding slamming complaints for at least 24 months from the date on 
which they receive written, electronic, or oral contact by a consumer 
alleging that an unauthorized change in his/her preferred carrier was 
made by the carrier or by another carrier. (No. of respondents: 1850; 
hours per response: 7 hours per submission; 14 hours; total annual 
burden: 25,900 hours). i. Section 64.1190, Preferred Carrier Freezes. 
Section 64.1190 requires that all local exchange carriers that impose 
preferred carrier freezes on their subscribers' accounts must verify 
such freezes, as well as accept subscriber requests to lift such 
freezes in writing or by three-way calls. (No. of respondents: 1800; 
hours per response: 2 hours; total annual burden: 3600 hours). j. 
Section 1.719, Informal Complaints Filed Pursuant to section 258--
section 1.719 applies to complaints alleging that a carrier has 
violated section 258 of the Communications Act of 1934, as amended by 
the Telecommunications Act of 1996, by making an unauthorized change of 
a subscriber's preferred carrier, as defined by Sec. 64.1100(e). 
Pursuant to section 1.719(b), the complaint shall be in writing, and 
should contain: (1) The complainant's name, address, telephone number 
and e-mail address (if the complainant has one); (2) the name of both 
the allegedly unauthorized carrier, as defined by Sec. 64.1100(d), and 
authorized carrier, as defined by Sec. 64.1100(c); (3) a complete 
statement of the facts (including any documentation) tending to show 
that such carrier engaged in an unauthorized change of the subscriber's 
preferred carrier; (4) a statement of whether the complainant has paid 
any disputed charges to the allegedly unauthorized carrier; and (5) the 
specific relief sought. If the complainant is unsatisfied with the 
resolution of a complaint under this section, the complainant may file 
a formal complaint with the Commission in the form specified in 
Sec. 1.721 of this part. (No. of respondents: 13,200; hours per 
response: 4 hours; total annual burden: 52,800 hours). k. Voluntary 
Reporting Requirement. States that choose to administer the 
Commission's slamming rules must regularly file information with the 
Commission that details slamming activity in their regions. Such 
filings should identify the number of slamming complaints handled, 
including data on the number of valid complaints per carrier; the 
identity of top slamming carriers; slamming trends; and other relevant 
information. See paragraph 34 of the Order. (Number of respondents: 51; 
hours per response: 10 hours; total annual burden: 510 hours). The 
information from these collections will be used to implement section 
258 of the Act. The information will strengthen the ability of our 
rules to deter slamming, while addressing concerns raised with respect 
to our previous administrative procedures. The information will also 
enable us to give victims of slamming adequate redress and ensure that 
carriers that slam do not profit from their fraud. The information will 
help to protect consumers from carriers who may attempt to take 
advantage of consumer confusion over different types of 
telecommunications services. The information gathered in response to 
the reporting requirement will enable the Commission to identify, as 
soon as possible, the carriers that repeatedly initiate unauthorized 
changes. 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. 01-24861 Filed 10-3-01; 8:45 am]
BILLING CODE 6712-01-P