[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Notices]
[Pages 27548-27549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13648]


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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

May 28, 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 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 August 10, 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), via fax at 202-395-5167, or 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 Number: 3060-0910.
    Title: Third Report and Order in CC Docket No. 94-102, To Ensure 
Compatibility with Enhanced 911 Calling Systems.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit and not-for-profit 
institutions.
    Number of Respondents: 4,000 respondents; 4,000 responses.
    Estimated Time per Response: 1 hour.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Mandatory. Statutory authority for these 
information collections are contained in 47 U.S.C. Sections 1, 4(i), 
201, 303, 309 and 332 of the Communications Act of 1934, as amended.
    Total Annual Burden: 4,000 hours.
    Total Annual Cost: N/A.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality.
    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 
reporting requirement) of this information collection. There is no 
change in the burden estimates.
    The Third Report and Order (R&O) in CC Docket No. 94-102 adopted 
rules applicable to wireless carriers to permit the use of network-
based solutions, handset-based solutions, or hybrid solutions. The 
rules require changes both to handsets and wireless networks in 
providing caller location information as part of Enhanced 911 (E911) 
services. The Commission adopted the Third R&O to encourage the 
deployment of the best location technology for each area being served, 
promote competition in E911 location technology, and speed 
implementation of E911. As part of the rules, the Third R&O also 
adopted a requirement that wireless carriers report their plans for 
implementing Phase II E911 service to the Commission. Specifically, 
this report must include the technology they plan to use to provide 
caller location as well as information to enable public safety 
organizations, equipment manufacturers, local exchange carriers, and 
the Commission to plan and support Phase II deployment. The Commission 
required wireless carriers to file these initial reports in 2000. 
Carriers are required to update these plans within 30 days of the 
adoption of any change. The reporting requirements are discussed in 
detail in 47 CFR 20.18(i).
    The information submitted to the Commission will provide public 
service answering points (PSAPs), providers of location technology, 
investors, manufacturers, local exchange carriers, and the Commission 
with valuable information necessary for full Phase II E911 service 
implementation. These reports will provide helpful, if not essential 
information for coordinating carrier plans with those manufacturers and 
PSAPs. The reports will also assist the Commission's efforts to monitor 
Phase II developments and take action, if necessary, to maintain the 
Phase II implementation schedule.

    OMB Control Number: 3060-1004.
    Title: Commission Rules To Ensure Compatibility with Enhanced 911 
Calling Systems.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit, not-for-profit 
institutions, and state, local or tribal government.
    Number of Respondents: 97 respondents; 283 responses.
    Estimated Time per Response: 4--5 hours.
    Frequency of Response: Quarterly, semi-annual and one-time 
reporting requirements.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for these information collections are contained in 
47 U.S.C. Sections 1, 4(i), 201, 303, 309 and 332

[[Page 27549]]

of the Communications Act of 1934, as amended.
    Total Annual Burden: 1,202 hours.
    Total Annual Cost: N/A.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality. However, if applicants want to seek confidential 
treatment of their documents, they may do so 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 
reporting requirements) of this information collection. There is a 
minor adjustment to the estimated number of respondents and responses. 
There is no change in the estimated hourly burden.
    The Commission's E911 Phase II rules require wireless licensees to 
provide Public Safety Answering Points (PSAPs) with Automatic Location 
Identification (ALI) information for 911 calls. Licensees can provide 
ALI information by deploying location information technology in their 
networks (a network-based solution), or Global Positioning System 
(GPS), or other location technology in subscriber's handsets (a 
handset-based solution). The Commission's rules also establish phased-
in schedules for carriers to deploy any necessary network components 
and begin providing Phase II service. However, before a wireless 
licensee's obligation to provide E911 service is triggered, a PSAP must 
make a valid request for E911 service, i.e., the PSAP must be capable 
of receiving and utilizing the data elements associated with the 
service and must have a mechanism in place for recovering its costs.
    In addition to deploying the network facilities necessary to 
deliver location information, wireless licensees that elect to employ a 
handset-based solution must meet the handset deployment benchmark set 
forth in 47 CFR 20.18(g)(1) of the Commission's rules, independent of 
any PSAP request for Phase II service. After ensuring that 100 percent 
of all new digital handsets activated are location-capable, licensees 
must have achieved 95 percent penetration among their subscribers of 
location-capable handsets no later than December 31, 2005.
    The Commission has recognized that ``special circumstances'' may 
warrant a waiver of the E911 Phase II requirements. The Commission also 
noted that small carriers may face ``extraordinary circumstances'' in 
meeting one or more of the deadlines for Phase II deployment. Pursuant 
to 47 CFR 1.925(b)(3), the Commission may grant a request for waiver if 
the underlying purpose of the rule(s) would not be served or would be 
frustrated by application to the instant case, and that grant would be 
in the public interest; or, in view of unique or unusual factual 
circumstances, application of the rule(s) would be inequitable, unduly 
burdensome, or contrary to the public interest, or the applicant has no 
reasonable alternative.
    Finally, distinct from the Commission's rules and precedent 
regarding waivers of the E911 requirements, in December 2004, Congress 
enacted the Ensuring Needed Help Arrives Near Callers Employing 911 Act 
of 2004, Public Law 108-494 (ENHANCE 911 Act). The ENHANCE 911 Act, 
inter alia, directs the Commission to act on any petition filed by a 
qualified Tier III carrier requesting a waiver of 47 CFR 20.18(g)(1)(v) 
within 100 days of receipt, and grant such request for waiver if 
``strict enforcement of the requirements of that section would result 
in consumers having decreased access to emergency services.''
    The Commission originally established reporting requirements in an 
order released in October 2001, which received OMB approval. Nationwide 
wireless carriers (Tier I) generally must have quarterly reports with 
the Commission on February 1, May 1, August 1 and November 1 of each 
year, with the exception of T-Mobile, which is required to file semi-
annual reports (as of October 2002). Mid-sized carriers (Tier II) also 
were required to file quarterly reports under this same time schedule.
    The previously approved information collection under this OMB 
control number was revised (in 2006) to include the information 
requirements that the quarterly reports, beginning with the August 1, 
2003 filing, be submitted in an Excel spreadsheet as an appendix to 
Tier I and Tier II carrier narrative reports. The existing information 
collection only required Tier III carriers to file a one-time interim 
report. Tier III wireless carriers were also not required to submit an 
Excel spreadsheet with their one-time filings.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-13648 Filed 6-9-09; 8:45 am]
BILLING CODE 6712-01-P