[Federal Register Volume 67, Number 98 (Tuesday, May 21, 2002)]
[Notices]
[Pages 35817-35820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12726]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collections Approved by Office of Management 
and Budget

May 16, 2002.
    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 Marie Moyd, Federal Communications Commission, 
(202) 418-2111.

Federal Communications Commission

    OMB Control No.: 3060-0422.
    Expiration Date: 10/31/2004.
    Title: Section 68.5, Waivers (Application for Waiver of Hearing Aid 
Compatibility Requirements).
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 30 respondents; 3 per response (avg.); 30 
total annual burden hours (for all collections under this control 
number).
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion.
    Description: Section 710(b) of the Communications Act of 1934, as 
amended, requires that almost all telephones manufactured in or 
imported into this country after August 16, 1989 be hearing aid 
compatible. Refurbished, repaired or resold telephones, telephones used 
with public and private mobile radio services, and secure telephones 
used for classified communications are exempt. The Hearing Aid 
Compatibility (HAC) Act provides a three-year grace period for cordless 
telephones before they must comply with the requirement. Congress 
recognized, however, that there may be technological and/or economical 
reasons some new telephones may not meet the hearing aid compatibility 
requirement. Therefore, it provided for a waiver requirement for new 
telephones based on technological and economical grounds. Telephone 
manufacturers seeking a waiver of 47 CFR 68.4 which requires that 
certain telephones be hearing aid compatible must demonstrate that 
compliance with the rule is technologically infeasible or too costly. 
47 CFR 68.5 provides the criteria to be used to assess waivers. 
Applicants seeking waivers must submit sufficient information for the 
Commission to make an informed decision. Information is used by FCC 
staff to determine whether to grant or dismiss the request. Obligation 
to respond: Required to obtain or retain benefits.

OMB Control No.: 3060-00992

    Expiration Date: 12/31/2004.
    Title: Request for Extension of the Implementation Deadline for 
Non-Recurring Services, CC Docket No.   96-45 (FCC 
01-195) and 47 CFR 54.507(d)(1)-(4).
    Form No.: N/A.
    Respondents: Not-for-profit institutions; Business or other for-
profit.
    Estimated Annual Burden: 850 respondents; 1 per response (avg.); 
850 total annual burden hours (for all collections under this control 
number).
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion; Third Party Disclosure.
    Description: 47 CFR 54.507(d) provides additional time for 
recipients under the schools and libraries universal service support 
mechanism to implement contracts or agreements with service providers 
for non-recurring services. 47 CFR 54.407(d) extends the deadline for 
receipt of non-recurring services from 6/30 to 9/30 following the close 
of the funding year. 47 CFR 54.507(d) establishes a deadline for the 
implementation of non-recurring services for certain qualified 
applicants who are unable to complete

[[Page 35818]]

implementation by the September 30 deadline. The rule provides schools 
and libraries with more time to install non-recurring services. The 
information will be used by the Commission to determine whether schools 
and libraries qualify for additional time to implement non-recurring 
services. Obligation to respond: Required to obtain or retain benefits.

OMB Control No.: 3060-0986

    Expiration Date: 01/31/2005.
    Title: Federal-State Joint Board on Universal Service " Plan 
for Reforming the Rural Universal Service Support Mechanism, CC Docket 
No. 96-45.
    Form No.: N/A.
    Respondents: Business or other    for-profit; State, Local 
or Tribal Government.
    Estimated Annual Burden: 7099 respondents; .81 per response (avg.); 
5770 total annual burden hours (for all collections under this control 
number).
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion; Quarterly; Annually; One-time; 
Third Party Disclosure.
    Description: In the Fourteenth Report and Order, Twenty-Second 
Order on Reconsideration in CC Docket No. 96-45 and Report and 
Order in CC Docket No. 00-256, released May 23, 2001 (FCC   
01-157), consistent with the recommendation of the Federal-State 
Joint Board on Universal Service (Joint Board), the Commission adopts 
rules for determining high-cost universal service support for rural 
telephone companies for the next five years based upon the proposals 
made by the Rural Task Force. The Commission also addresses certain 
proposals made by the Multi-Association Group (MAG) for reforming 
universal services rules applicable to rural carriers. As part of its 
proposal to reform the Federal universal service support mechanism for 
rural carriers, the Rural Task Force proposed that rural carriers be 
permitted to depart from study area averaging and instead disaggregate 
and target per-line   high-cost universal service support, 
including high-cost loop support, LTS, and LSS, into geographic areas 
below the study area level. The Rural Task Force concluded that the 
disaggregation and targeting of support is necessary to eliminate the 
economic distortions that may result from the delivery of support on a 
uniform per-line basis under the current mechanism. At the same time, 
however, the Rural Task Force stated that rural carriers need 
flexibility in the manner in which support is disaggregated and 
targeted in light of the widely varying characteristics and operating 
environments of rural carriers. Recognizing that a disaggregation and 
targeting system must meet the unique regulatory and competitive 
environments in each state, the Rural Task Force recommended a 
disaggregation system consisting of three paths. a. Election of 
Disaggregation Plan and Change in Path: Carriers are required to elect 
one of three paths within 270 days of the effective date of the Order 
implementing rural high-cost reform through a submission to the state 
commission. Rural carriers not subject to the jurisdiction of the state 
are required to make such submission to the Commission. Carriers 
failing to do so will not be permitted to disaggregate and target 
support unless ordered to do so by a state commission or other 
appropriate regulatory authority either on its own motion or in 
response to a request by an interested party. See 47 CFR 54.315(a). 
(Number of respondents: 1300; hours per response: .5 hours; total 
annual burden: 650 hours). b. Notification of Disaggregation 
Methodology: 1. Path One: Carriers Not Disaggregating and Targeting 
High-Cost Support. Path One provides that a carrier may choose not to 
disaggregate. This Path is intended to address those instances where a 
carrier determines that given the demographics, cost characteristics, 
and location of its service territory, and the lack of a realistic 
prospect of competition, that disaggregation is not economically 
rational. A carrier must certify to the state commission, or other 
appropriate regulatory authority, that it does not want to disaggregate 
support. Carriers electing Path One must submit to USAC a copy of the 
certification of the state commission or appropriate regulatory 
authority certifying that it will not disaggregate and target support. 
See 47 CFR 54.315(b). (No. of respondents: 500; hours per response: .5 
hours; total annual burden: 250 hours).2. Path 2: Carriers Seeking 
Prior Regulatory Approval for the Disaggregation and Targeting of 
Support. Path Two provides that a carrier may seek approval of its 
disaggregation and targeting plan from the appropriate regulatory 
authority. Because there are no constraints on disaggregation and 
targeting proposals under this path, for example a carrier could 
disaggregate and target support to multiple levels below a wire center, 
a disaggregation and targeting method can be tailored with precision, 
subject to state approval, to the cost and geographic characteristics 
of the carrier and the competitive and regulatory environment in which 
it operates. A carrier that chooses this path would file a 
disaggregation plan with the state commission, or other appropriate 
regulatory authority. Carriers selecting Path 2 must submit a copy to 
USAC of the Order approving the disaggregation plan submitted by the 
carriers to the state commission or appropriate regulatory authority 
and a copy of the disaggregation plan approved by the state commission 
or appropriate regulatory authority. See 47 CFR 54.315(c), (e), and 
(f). (No. of respondents: 873; hours per response: .666 hours; total 
annual burden: 582 hours). 3. Path 3. Self-Certification of the 
Disaggregation and Targeting of Support: The Commission adopts the Path 
Three self-certification process that permits carriers to choose (1) a 
disaggregation plan of up to two cost zones per wire center, or (2) a 
disaggregation plan that complies with a prior regulatory 
determination. A carrier must provide, among other things, the state 
and USAC with a description of the rationale used to disaggregate 
support, including the methods and data and a discussion of how the 
plan complies with the self-certification guidelines. In addition, if 
the plan uses a benchmark, it must be generally consistent with how the 
total study area level of support for each category of costs (high-cost 
loop support, LSS and LTS) is derived, to enable a competitor to 
compare the disaggregated costs used to determine support for each 
zone. See 47 CFR 54.315(d), (e) and (f). (No. of respondents: 873; 
hours per response: .666 hours; total annual burden: 582 hours). c. 
Reporting Working Loops at Cost-Zone Level: Rural carriers that elect 
to disaggregate and target per-line support under either Path Two or 
Three are required to report loops at the cost-zone level. If there is 
no competition in the service area the carrier is required to file 
annually. If competition exists in the service area than the carrier is 
required to file quarterly. See 47 CFR 54.307(b) and (c). (No. of 
respondents: 864 filing annually; 9 filing quarterly; hours per 
response: 2 hours; total annual burden: 1746 hours). d. State 
Certification Letter Under 254(e): The Commission also concludes that 
states should be required to file annual certifications with the 
Commission to ensure that carriers use universal service support 
"only for the provision, maintenance and upgrading of facilities 
and services for which the support is intended" consistent with 
section 254(e). The Commission concludes that the mandate in section 
254(e) applies to all carriers, rural and non-rural, that are

[[Page 35819]]

designated as eligible to receive support under section 214(e) of the 
Act. States that wish to receive federal universal service high-cost 
support for rural carriers within their boundaries to file a 
certification with the Commission and USAC stating that all federal 
high-cost funds flowing to rural carriers in that state will be used in 
a manner consistent with section 254(e). The Commission recognizes that 
some state commissions may have only limited regulatory oversight to 
ensure that federal support is reflected in intrastate rates. In the 
case of non-rural carriers, the Commission concluded that states 
nonetheless may certify to the Commission that a non-rural carrier in 
the state had accounted to the state commission for its receipt of 
federal support, and that such support will be used "only for the 
provision, maintenance and upgrading of facilities and services for 
which the support is intended." The Commission determined that, 
in states in which the state commission has limited jurisdiction over 
such carriers, the state need not initiate the certification process 
itself. Instead, non-rural local exchange carriers, and competitive 
eligible telecommunications carriers serving lines in the service area 
of the non-rural local exchange carriers, may formulate plans to ensure 
compliance with section 254(e), and present those plans to the state, 
so that the state may make the appropriate certification to the 
Commission. Absent the filing of such certification, carriers will not 
receive support. See 47 CFR 54.313(b) and 54.314. (No. of respondents: 
60 respondents; hours per response: 3 hours; total annual burden: 180 
hours). e. Support in Competitive Study Areas: Under our existing 
rules, rural carriers and their competitors currently are required to 
file line count data annually, and may file quarterly updates on a 
voluntary basis. Quarterly updates are required in non-rural carrier 
study areas. Under the current rules, if an incumbent rural carrier 
does not update its line count data but its competitor does, the 
competitor's more recent data may include lines captured from the 
incumbent since the incumbent's last filing. Thus the incumbent may 
continue to receive support for the year based on an overstated number 
of lines. To prevent an overpayment of support, the Commission requires 
the filing of line count data on a regular quarterly basis upon 
competitive entry in rural carrier study areas. The Commission 
emphasizes that this requirement will not apply in rural carrier study 
areas in which an eligible telecommunications carrier has not been 
designated. See 47 CFR 36.611 and 36.612. To ensure that the interval 
between the submission of data and receipt of support is as short as 
possible in rural carrier study areas, the Commission clarifies that 
competitive eligible telecommunications carriers may submit initial 
line count data and receive support on a regular quarterly basis under 
section 54.307(c). Rural telephone companies that incorporate acquired 
exchanges into existing study areas should exclude the costs associated 
with the acquired exchanges from the cost associated with the pre-
acquisition study areas in annual universal service data a submissions 
used to determine eligibility for high-cost loop supports. Acquiring 
rural carriers shall separately provide the information listed in 
section 47 CFR section 36.611 for both acquired and existing exchanges, 
as if these two categories of exchanges constitute separate study 
areas. See 47 CFR section 36.611. (No. of respondents: 20; hours per 
response: 24 hours; total annual burden: 480 hours). f. Safety Net 
Additive: Safety net additive support would only be available in years 
in which support levels would otherwise exceed the new indexed cap on 
the high-cost loop support fund. To receive such support in a 
particular study area, a carrier would need to show that growth in 
telecommunications plant in service (TPIS) per line is at least 14 
percent greater than the study area's TPIS per line in the prior year, 
or the "base year." Any study area that initially qualifies 
for safety net additive support would also qualify for such support in 
each of the four succeeding years if the cap is again triggered, 
regardless of whether the study area meets the 14 percent criterion in 
the succeeding years. Carriers must provide written notice to the 
Commission and USAC in conjunction with their annual or quarterly 
submissions to NECA indicating that a study area meets the 14 percent 
TPIS trigger. If a carrier should fail to provide written notification 
to the Commission and USAC, the study area that otherwise would have 
qualified for safety net additive will not be eligible. See 47 CFR 
36.605(c)(2). (No. of respondents: 1300; hours per response: .5 hours; 
total annual burden: 650 hours). g. Safety Valve: Once relevant 
regulatory approvals are obtained and the transaction is closed, the 
rural carrier shall provide written notice to USAC that they have 
acquired access lines that may become eligible for safety value 
support. In order to assist USAC in the administration of the safety 
valve mechanism, rural carriers shall also provide written notice to 
USAC of when their index year has been established for purposes of 
calculating eligibility for safety valve support. See 47 CFR 54.305 
(f). (No. of respondents: 1300; hours per response: .5 hours; total 
annual burden: 650 hours). The Commission will use the information 
requirements to determine whether and to what extent rural 
telecommunications carriers providing the data are eligible to receive 
universal service support. Obligation to respond: Required to obtain or 
retain benefits.
    OMB Control No.: 3060-0149
    Expiration Date: 01/31/2005.
    Title: Application and Supplemental Information 
Requirements-Part 63, Section 214, Sections 63.01 -63.601.
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 35 respondents; 5 per response (avg.); 175 
total annual burden hours (for all collections under this control 
number).
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion; Third Party Disclosure.
    Description: Section 214 of the Communications Act of 1934, as 
amended, 47 U.S.C. 214, requires that a carrier must first obtain FCC 
authorization either to (1) construct, operate, or engage in 
transmission over a line of communication, or (2) discontinue, reduce, 
or impair service over a line of communication. Part 63 of title 47 of 
the CFR implements section 214. Part 63 also implements provisions of 
the Cable Communications Policy Act of 1984 pertaining to video 
programming by telephone common carriers. In the Report and Order for 
Implementation of Section 402(b)(2)(A) of the Telecommunications Act of 
1996 (214 Streamlining Order), released on June 30, 1999, the 
Commission modified part 63 to eliminate information submission 
requirements entirely for some categories of communications carriers 
and to reduce the submission requirements for other categories. Among 
other things, carrier filing requirements in the following area were 
either reduced, altered, or entirely eliminated: (1) entry 
certification for common carriers; (2) applications for line 
extensions; (3) reports identifying proposed small projects; (4) 
applications for new lines; and (5) applications for exit from the 
market. By making these revisions, the Commission substantially reduced 
the amount of time carriers had to spend in order to fully comply with 
Part 63's requirements. The Commission also entirely eliminated the 
requirement

[[Page 35820]]

for line extensions because Congress exempted such 
"extensions" from the requirements of 47 U.S.C. 214, under 
Section 402(b)(2)(A) of the Act. Furthermore, the Commission eliminated 
reporting requirements by domestic non-dominant carriers, small 
carriers, and carriers proposing small projects because Congress 
enacted section 214 to prevent unnecessary duplication of facilities 
that could result in increased rates being imposed on captive telephone 
ratepayers. Moreover, the Commission reduced, but did not entirely 
eliminate, submission requirements for domestic dominant rate-of-return 
carriers in applications for "new" lines because the 
information was either collected elsewhere, was found to be unnecessary 
and/or confusing in light of the provisions of section 402(b)(2)(A), or 
was no longer of decisional significance to the Commission. The 
Commission significantly streamlined the carrier exit procedures this 
process because of its desire to eliminate unnecessary barriers to 
carriers wanting to exit the market. See 47 CFR part 63. The Commission 
will use the information to determine if affected respondents are in 
compliance with its rules and the requirements of Section 214 of the 
Communications Act of 1934, as amended. Obligation to respond: Required 
to obtain or retain benefits.
    Public reporting burden for the collections of information are as 
noted above. Send comments regarding the burden estimates 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.
Marlene Dortch,
Secretary.
[FR Doc. 02-12726 Filed 5-20-02; 8:45 am]
BILLING CODE 6712-01-P