[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Notices]
[Pages 78357-78358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30413]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission for Extension Under Delegated 
Authority, Comments Requested

December 12, 2008.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection(s), as required by the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3501-3520. An agency may not conduct 
or sponsor a collection of information unless it displays a currently 
valid control number. No person shall be subject to any penalty for 
failing to comply with a collection of information subject to the 
Paperwork Reduction Act (PRA) that does not display a valid control 
number. Comments are requested concerning (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
burden estimate; (c) ways to enhance the quality, utility, and clarity 
of the information collected; and (d) ways to minimize the burden of 
the collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology.

DATES: Persons wishing to comment on this information collection should 
submit comments by February 20, 2009. If you anticipate that you will 
be submitting comments, but find it difficult to do so within the 
period of time allowed by this notice, you should advise the contact 
listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget (OMB), 202-395-5887, or via fax at 202-395-5167, 
or via the Internet at [email protected] and to [email protected], Federal Communications Commission (FCC). To submit 
your comments by e-mail send them to: [email protected].
    To view a copy of this information collection request (ICR) 
submitted to OMB: (1) Go to the Web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called ``Currently 
Under Review'', (3) click the downward-pointing arrow in the ``Select 
Agency'' box below the ``Currently Under Review'' heading, (4) select 
``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box and (6) when the list of FCC 
ICRs currently under review appears, look for the title of this ICR (or 
its OMB Control Number, if there is one) and then click on the ICR 
Reference Number to view detailed information about this ICR.

FOR FURTHER INFORMATION CONTACT: For additional information, send an e-
mail to Judith B. Herman at 202-418-0214.

SUPPLEMENTARY INFORMATION:
    OMB Control No.: 3060-0400.
    Title: Tariff Review Plan.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 47 respondents; 47 responses.
    Estimated Time Per Response: 61 hours.
    Frequency of Response: Annual and biennial reporting requirements.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection (IC) is contained 
in section 47 U.S.C. 10(a) of the Communications Act of 1934, as 
amended.
    Total Annual Burden: 2,867 hours.
    Annual Cost Burden: N/A.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: Respondents are not being 
asked to submit confidential information to the Commission. If the 
Commission requests respondents to submit information which respondents 
believe are confidential, respondents may request confidential 
treatment of such information under 47 CFR 0.459 of the Commission's 
rules.
    Needs and Uses: This collection will be submitted as an extension 
(no change in the reporting requirements) after this 60 day comment 
period to Office of Management and Budget (OMB) in order to obtain the 
full three year clearance.
    The total annual burden hours has increased by 427 hours which is 
due to an increase in the number of price cap

[[Page 78358]]

carriers (number of respondents from 40 to 47) from the last time this 
information collection was submitted to the OMB for review and approval 
in 2006.
    Certain local exchange carriers are required to submit a biennial 
or annual Tariff Review Plan in partial fulfillment of cost support 
material required by 47 CFR Part 61. Sections 201, 202, and 203 of the 
Communications Act of 1934, as amended require common carriers to 
establish just and reasonable charges, practices and regulations for 
their interstate telecommunications services provided. For services 
that are still covered under Section 203, tariff schedules containing 
charges, rates, rules, and regulations must be filed with the 
Commission. If the FCC takes no action within the notice period, then 
the filing becomes effective. The Commission is granted broad authority 
to require the submission of data showing the value of the property 
used to provide the services, some of which are automatically required 
by its rules and some of which can be required through individual 
requests. All filings that become effective are considered legal but 
only those filed pursuant to Section 204(a)(3) of the Act are deemed 
lawful.
    For services that are detariffed, no tariffs are filed at the FCC 
and determination of reasonableness and any unreasonable discrimination 
is generally addressed through the complaint process.
    Incumbent local exchange carriers (ILECs) can make a voluntary 
tariff filing at anytime, but are required to update rates annually or 
biennially. See 47 CFR Section 69.3. To minimize the regulatory burdens 
on reporting ILECs, as well as reviewers, the Commission has undertaken 
many reforms as described in the following: (1) The Commission has 
developed a standardized Tariff Review Plans (TRPs) which set forth the 
summary material ILECs file to support revisions to the rates in their 
interstate access service tariffs. (2) Incentive-based regulation 
(price caps) was developed by the Commission to simplify the process of 
determining the reasonableness of rates or rate restructures for ILECs 
subject to price caps. Supporting material requirements for price cap 
ILECs qualifying for pricing flexibility have been eliminated. In 
addition, ILECs having 50,000 or fewer access lines do not have to file 
any supporting material unless requested to do so. (3) Price cap ILECs 
can elect to be subject to Title I versus Title II of the Act for 
certain forms of internet access in order t offer their internet access 
services on a detariffed basis pursuant to private contracts. Rate-of-
return ILECs can choose to change from tariffed to detariffed for the 
same internet services, but are still subject to Title II regulation. 
(4) Through forbearance, the Commission has allowed those ILECs whose 
petition has been granted to choose mandatory detariffing of certain 
broadband and packet services.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E8-30413 Filed 12-19-08; 8:45 am]
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