[Federal Register Volume 74, Number 25 (Monday, February 9, 2009)]
[Notices]
[Pages 6406-6407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2570]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Submitted for 
Review to the Office of Management and Budget

February 2, 2009.
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 (PRA) 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: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before April 10, 2009. If you anticipate that you will 
be submitting PRA comments, but find it difficult to do so within the 
period of time allowed by this notice, you should advise the FCC 
contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget, (202) 395-5887, or via fax at 202-395-5167 or 
via Internet at [email protected] and to [email protected], Federal Communications Commission, or an e-mail to 
[email protected].

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Judith B. Herman at 202-418-0214 or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: OMB Control Number: 3060-0859.
    Title: Suggested Guidelines for Petitions for Ruling Under Section 
253 of the Communications Act.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 80 respondents; 80 responses.
    Estimated Time per Response: 63-125 hours.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Voluntary. Statutory authority for this 
information collection are contained in 47 U.S.C. 253.
    Total Annual Burden: 6,280 hours.
    Total Annual Cost: N/A.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: The Commission is not 
requesting respondents to submit confidential information to the 
Commission. Respondents may request confidential treatment of such 
information under 47 CFR 0.459 of the Commission's rules.
    Needs and Uses: The Commission will submit this information 
collection to the Office of Management and Budget (OMB) after this 60 
day comment period in order to obtain the full three year clearance 
from them. The Commission is requesting an extension (no change in the 
on reporting requirement).
    The Commission published a Public Notice in November 1998 which 
established various procedural guidelines related to the Commission's 
processing of petitions for preemption pursuant to Section 253 of the 
Communications Act of 1934, as amended. The Commission will use the 
information to discharge its statutory mandate relating to the 
preemption of state or local statutes or other state or local legal 
requirements.
    Section 253 of the Communications Act of 1934, as amended; added by 
the Telecommunications Act of 1996, requires the Commission, with 
certain important exceptions, to preempt the enforcement of any state 
or local statute or regulation, or other state or local legal 
requirement (to the extent necessary) that prohibits or has the effect 
of prohibiting the ability of any entity to provide any interstate or 
intrastate telecommunications service. The Commission's consideration 
of preemption begins with the filing of a

[[Page 6407]]

petition by an aggrieved party. The petition is placed on public notice 
and commented on by others. The Commission's decision is based on the 
public record, generally composed of the petition and comments. The 
Commission has considered a number of preemption items since the 
passage of the Telecommunications Act of 1996, and believes it in the 
public interest to inform the public of the information necessary to 
support its full consideration of the issues likely to be involved in 
preemption actions. In order to render a timely and informed decision, 
the Commission expects petitioners and commenters to provide it with 
relevant information sufficient to describe the legal regime involved 
in the controversy and to establish the factual basis necessary for 
decision.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E9-2570 Filed 2-6-09; 8:45 am]
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