[Federal Register Volume 74, Number 116 (Thursday, June 18, 2009)]
[Notices]
[Pages 28932-28936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14321]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collections Approved by Office of Management 
and Budget

June 10, 2009.
SUMMARY: 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: Dana Wilson, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC, 20554, (202) 418-2247 
or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: 
    OMB Control No.: 3060-0463.
    OMB Approval Date: 07/20/2008.
    Expiration Date: 07/31/2011.
    Title: Telecommunications Relay Services and Speech-to-Speech 
Services for Individuals with Hearing and Speech Disabilities, Report 
and Order and Declaratory Ruling, CG Docket No. 03-123, FCC 07-186.
    Form No.: N/A.
    Estimated Annual Burden: 5,211 responses; 10 to 15 hours per 
response; 27,412 total annual hourly burden; $0 total annual cost.
    Needs and Uses: On November 19, 2007, the Commission released the 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, Report and Order and 
Declaratory Ruling (2007 TRS Cost Recovery Order), CG Docket No. 03-
123, FCC 07-186, adopting (1) A new cost recovery methodology for 
interstate traditional Telecommunications Relay Services (TRS) and 
interstate Speech-to-Speech (STS) based on the Multi-state Average Rate 
Structure (MARS) plan proposed by Hamilton Relay, Inc., (2) a new cost 
recovery methodology for interstate captioned telephone service (CTS) 
and interstate and intrastate Internet-Protocol (IP) Captioned 
Telephone Service (IP CTS) based on the MARS plan, (3) a cost recovery 
methodology for IP Relay based on price caps, and (4) a cost recovery 
methodology for Video Relay Services (VRS) that adopts tiered rates 
based on call volume. The 2007 TRS Cost Recovery Order also clarifies 
the nature and extent that certain categories of

[[Page 28933]]

costs are compensable from the Interstate TRS Fund (Fund), and 
addresses certain issues concerning the management and oversight of the 
Fund, including financial incentives offered to consumers to make relay 
calls and the role of the Interstate TRS Fund Advisory Council.
    The 2007 TRS Cost Recovery Order establishes reporting requirements 
associated with the MARS plan cost recovery methodology for 
compensation from the Fund. Specifically, TRS providers must submit to 
the Fund administrator the following information annually, on a per-
state basis, regarding the previous calendar year: (1) The per-minute 
compensation rate(s) for intrastate traditional TRS, STS and CTS, (2) 
whether the rate applies to session minutes or conversation minutes, 
(3) the number of intrastate session minutes for traditional TRS, STS 
and CTS, and (4) the number of intrastate conversation minutes for 
traditional TRS, STS, and CTS. Also, STS providers must file a report 
annually with the Fund administrator and the Commission on their 
specific outreach efforts directly attributable to the additional 
compensation approved by the Commission for STS outreach.
    In the 2007 TRS Cost Recovery Order, the Commission has assessed 
the effects of imposing the submission of rate data, and has found that 
there is no increased administrative burden on businesses with fewer 
than 25 employees. The Commission recognizes that the required rate 
data is presently available with the states and the providers of 
interstate traditional TRS, interstate STS, and interstate CTS, thereby 
no additional step is required to produce such data. The Commission 
therefore believes that the submission of the rate data does not 
increase an administrative burden on businesses.

    OMB Control No.: 3060-0519.
    OMB Approval Date: 10/31/2008.
    Expiration Date: 10/31/2011.
    Title: Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991, CG Docket No. 02-278.
    Form No.: N/A.
    Estimated Annual Burden: 135,607,383 responses; .004 hours (15 
seconds) to 1 hour per response; 625,406 total annual hourly burden; 
$4,590,000 total annual cost.
    Needs and Uses: The reporting requirements included under this OMB 
Control Number 3060-0519 enable the Commission to gather information 
regarding violations of the Do-Not-Call Implementation Act (Do-Not-Call 
Act). If the information collection was not conducted, the Commission 
would be unable to track and enforce violations of the Do-Not-Call Act. 
The Do-Not-Call rules provide consumers with several options for 
avoiding most unwanted telephone solicitations.
    This national do-not-call registry supplements the current company-
specific do-not-call rules for those consumers who wish to continue 
requesting that particular companies not call them. Any company, which 
is asked by a consumer, including an existing customer, not to call 
again must honor that request for five (5) years.
    However, a provision of the Commission's rules allows consumers to 
give specific companies permission to call them through an express 
written agreement. Nonprofit organizations, companies with whom 
consumers have an established business relationship, and calls to 
persons with whom the telemarketer has a personal relationship are 
exempt from the ``do-not-call'' registry requirements.
    On September 21, 2004, the Commission released the Safe Harbor 
Order establishing a limited safe harbor in which persons will not be 
liable for placing autodialed and prerecorded message calls to numbers 
ported from a wireline service within the previous 15 days. The 
Commission also amended its existing national do-not-call registry safe 
harbor to require telemarketers to scrub their lists against the do-
not-call database every 31 days.
    On December 4, 2007, the Commission released the DNC NPRM seeking 
comment on its tentative conclusion that registrations with the 
Registry should be honored indefinitely, unless a number is 
disconnected or reassigned or the consumer cancels his registration.
    On June 17, 2008, the Commission released a Report and Order in CG 
Docket No. 02-278, FCC 08-147, amending the Commission's rules under 
the Telephone Consumer Protection Act (TCPA) to require sellers and/or 
telemarketers to honor registrations with the National Do-Not-Call 
Registry so that registrations will not automatically expire based on 
the current five year registration period. Specifically, the Commission 
modifies 64.1200(c)(2) of its rules to require sellers and/or 
telemarketers to honor numbers registered on the Registry indefinitely 
or until the number is removed by the database administrator or the 
registration is cancelled by the consumer. In accordance with the Do-
Not-Call Improvement Act of 2007, the Commission revises its rules to 
minimize the inconvenience to consumers of having to re-register their 
preferences not to receive telemarketing calls and to further the 
underlying goal of the National Do-Not-Call Registry to protect 
consumer privacy rights.
    OMB Control No.: 3060-0687.
    OMB Approval Date: 06/05/2009.
    Expiration Date: 06/30/2012.
    Title: Access to Telecommunications Equipment and Services by 
Persons with Disabilities, CC Docket No. 87-124.
    Form No.: N/A.
    Estimated Annual Burden: 22,500,000 responses; 1 second (0.000278 
hours) to 15 seconds (0.004167 hours) per response; 6,693 total annual 
hourly burden; $266,280 total annual cost.
    Needs and Uses: 47 CFR 68.224--Notice of non-hearing aid 
compatibility. Every non-hearing aid compatible telephone offered for 
sale to the public on or after August 17, 1989, whether previously-
registered, newly registered or refurbished shall (a) contain in a 
conspicuous location on the surface of its packaging a statement that 
the telephone is not hearing aid compatible, or if offered for sale 
without a surrounding package, shall be affixed with a written 
statement that the telephone is not hearing aid compatible; and (b) be 
accompanied by instructions in accordance with 47 CFR 62.218(b)(2).
    47 CFR 68.300--Labeling requirements. As of April 1, 1997, all 
registered telephones, including cordless telephones, manufactured in 
the United States (other than for export) or imported for use in the 
United States, that are hearing aid compatible shall have the letters 
``HAC'' permanently affixed.
    The information collections for both rules contain third party 
disclosure and labeling requirements. The information is used primarily 
to inform consumers who purchase and/or use telephone equipment whether 
the telephone is hearing aid compatible.

    OMB Control No.: 3060-0717.
    OMB Approval Date: 06/16/2008.
    Expiration Date: 06/30/2011.
    Title: Billed Party Preference for InterLATA 0+ Calls, CC Docket 
No. 92-77, 47 CFR 64.703(a), 64.709, 64.710.
    Form No.: N/A.
    Estimated Annual Burden: 11,250,150 responses; 60 seconds to 50 
hours per response; 197,362 total annual hourly burden; $116,250 total 
annual cost.
    Needs and Uses: Pursuant to 47 CFR 64.703(a), Operator Service 
Providers (OSPs) are required to disclose, audibly and distinctly to 
the consumer, at no charge and before connecting any interstate call, 
how to obtain rate quotations, including any applicable surcharges. 47 
CFR 64.710 imposes similar requirements on OSPs to

[[Page 28934]]

inmates at correctional institutions. 47 CFR 64.709 codifies the 
requirements for OSPs to file informational tariffs with the 
Commission. These rules help to ensure that consumers receive 
information necessary to determine what the charges associated with an 
OSP-assisted call will be, thereby enhancing informed consumer choice 
in the operator services marketplace.

    OMB Control No.: 3060-0737.
    OMB Approval Date: 03/17/2009.
    Expiration Date: 03/31/2012.
    Title: Disclosure Requirements for Information Services Provided 
Under a Presubscription or Comparable Arrangement.
    Form No.: N/A.
    Estimated Annual Burden: 1,000 responses; 4.5 hours per response; 
4,500 total annual hourly burden; $0 total annual cost.
    Needs and Uses: Section 64.1501(b) defines a presubscription or 
comparable arrangement as a contractual agreement in which an 
information service provider makes specified disclosures to consumers 
when offering ``presubscribed'' information services. The disclosures 
are intended to ensure that consumers receive information regarding the 
terms and conditions associated with these services before they enter 
into contracts to subscribe to them.

    OMB Control No.: 3060-0787.
    OMB Approval Date: 07/14/2008.
    Expiration Date: 07/31/2011.
    Title: Implementation of Subscriber Carrier Selection Changes 
Provisions of the Telecommunications Act of 1996; Policies and Rules 
Concerning Unauthorized Changes of Consumers' Long Distance Carriers, 
CC Docket No. 94-129, FCC 07-223.
    Form No.: N/A.
    Estimated Annual Burden: 25,041 responses; 0.50 to 10 hours per 
response; 105,901 total annual hourly burden; $51,285,000 total annual 
cost.
    Needs and Uses: Section 258 of the Telecommunications Act of 1996 
directed the Commission to prescribe rules to prevent the unauthorized 
change by telecommunications carriers of consumers' selections of 
telecommunications service providers (slamming). On March 17, 2003, the 
FCC released the Third Order on Reconsideration and Second Further 
Notice of Proposed Rulemaking, CC Docket No. 94-129, FCC 03-42 (Third 
Order on Reconsideration), in which the Commission revised and 
clarified certain rules to implement section 258 of the 1996 Act. On 
May 23, 2003, the Commission released an Order (CC Docket No. 94-129, 
FCC 03-116) clarifying certain aspects of the Third Order on 
Reconsideration. On January 9, 2008, the Commission released the Fourth 
Report and Order, CC Docket No. 94-129, FCC 07-223, revising its 
requirements concerning verification of a consumer's intent to switch 
carriers. The Fourth Report and Order modifies the information 
collection requirements contained in 64.1120(c)(3)(iii) to provide for 
verifications to elicit ``confirmation that the person on the call 
understands that a carrier change, not an upgrade to existing service, 
bill consolidation, or any other misleading description of the 
transaction, is being authorized.''

    OMB Control No.: 3060-0854.
    OMB Approval Date: 09/29/2008.
    Expiration Date: 09/30/2011.
    Title: Truth-in-Billing Format, CC Docket No. 98-170 and CG Docket 
No. 04-208.
    Form No.: N/A.
    Estimated Annual Burden: 41,858 responses; 2 to 243 hours per 
response; 3,872,876 total annual hourly burden; $15,418,200 total 
annual cost.
    Needs and Uses: On March 18, 2005, the Commission released Truth-
in-Billing and Billing Format; National Association of State Utility 
Consumer Advocates' Petition for Declaratory Ruling Regarding Truth-in-
Billing, Second Report and Order, Declaratory Ruling, and Second 
Further Notice of Proposed Rulemaking, CC Docket No. 98-170, CG Docket 
No. 04-208, 20 FCC Rcd 6448 (2005) (2005 Second Report and Order and 
Second Further Notice); published at 70 FR 29979 and 70 FR 30044, May 
25, 2005, which determined, inter alia, that Commercial Mobile Radio 
Service providers no longer should be exempted from 47 CFR 64.2401(b), 
which requires billing descriptions to be brief, clear, non-misleading 
and in plain language. The 2005 Second Further Notice proposed and 
sought comment on measures to enhance the ability of consumers to make 
informed choices among competitive telecommunications service 
providers.

    OMB Control No.: 3060-1047.
    OMB Approval Date: 03/04/2009.
    Expiration Date: 03/31/2012.
    Title: Telecommunications Relay Services and Speech-to-Speech 
Services for Individuals with Hearing and Speech Disabilities, Report 
and order, FCC 03-112 and FCC 05-203.
    Form No.: N/A.
    Estimated Annual Burden: 80 responses; 1 to 8 hours per response; 
322 total annual hourly burden; $230 total annual cost.
    Needs and Uses: On December 12, 2005, the Commission released 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, CG Docket No. 03-123, 
Report and Order and Order on Reconsideration, 20 FCC Rcd 20577 (2005) 
(2005 TRS Report and Order), published at 70 FR 76208, December 23, 
2005, which created another method for some Telecommunications Relay 
Service (TRS) providers to become eligible to receive compensation from 
the Interstate TRS Fund (Fund). Specifically, the 2005 TRS Report and 
Order amended the TRS regulations to permit a common carrier seeking to 
offer Video Relay Service (VRS) or Internet Protocol (IP) Relay Service 
and receive compensation from the Fund to apply to the Commission for 
certification as an entity providing these services in compliance with 
the TRS rules, and therefore eligible to receive reimbursement from the 
Fund. In a subsequent declaratory ruling, the Commission also permitted 
entities desiring to provide IP captioned telephone service to seek 
certification from the Commission for eligibility to receive 
compensation from the Fund. Telecommunications Relay Services and 
Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities; Internet-based Captioned Telephone Service, CG Docket No. 
03-123, Declaratory Ruling, 22 FCC Rcd 379 (2007), published at 72 FR 
6960, February 14, 2007.
    In order to facilitate this certification process, the Commission 
adopted information collection requirements that include the following:
    (A) 47 CFR 64.606 (a)(2): Providing documentation detailing: (1) A 
description of the forms of TRS to be provided, (2) a description of 
how the provider will meet all non-waived mandatory minimum standards 
applicable to each form of TRS offered, (3) a description of the 
provider's procedures for ensuring compliance with all applicable TRS 
rules, (4) a description of the provider's complaint procedures, (5) a 
narrative describing any areas in which the provider's service will 
differ from the applicable mandatory minimum standards, (6) a narrative 
establishing that services that differ from the mandatory minimum 
standards do not violate applicable mandatory minimum standards, (7) 
demonstration of status as a common carrier, and (8) a statement that 
the provider will file annual compliance reports demonstrating 
continued compliance with the rules;
    (B) 47 CFR 64.606 (c)(2): A provider may apply for renewal of its 
certification by filing documentation

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with the Commission, at least 90 days prior to expiration of 
certification, containing the information described in 47 CFR 64.606 
(a)(2);
    (C) 47 CFR 64.606 (e)(2): A provider must submit documentation 
demonstrating ongoing compliance with the Commission's minimum 
standards if, for example, the Commission receives evidence that a 
certified provider may not be in compliance with the minimum standards 
and the Commission requests such information;
    (D) 47 CFR 64.606 (f)(2): Providers certified under this section 
must notify the Commission of substantive changes in their TRS 
programs, services, and features within 60 days of when such changes 
occur, and must certify that the interstate TRS provider continues to 
meet Federal minimum standards after implementing the substantive 
change; and
    (E) 47 CFR 64.606 (g): Providers certified under this section shall 
file with the Commission, on an annual basis, a report providing 
evidence that they are in compliance with 47 CFR 64.604. In 
Telecommunication Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities; Americans with 
Disabilities Act of 1990, CG Docket No. 03-123, CC Docket No. 98-67, 
Second Report and Order, Order on Reconsideration, and Notice of 
Proposed Rulemaking, 18 FCC Rcd 12379 (2003), published at 68 FR 50993, 
August 25, 2003, the Commission adopted additional requirements related 
to the substance and implementation of TRS mandatory minimum standards. 
In 47 CFR 64.604(a)(3), the Commission required TRS facilities to 
provide speed dialing functionality, which may entail providers 
maintaining a list of telephone numbers. In addition, the Commission 
bolstered the contact information requirements of 47 CFR 64.604(c)(2).
    Furthermore, the Commission required providers receiving waivers of 
some of these standards to submit to the Commission an annual waiver 
report that details (1) The technological changes with respect to the 
functionalities covered by the waivers; (2) the progress made; and (3) 
the steps taken to resolve the technological problems that prevent 
these providers from offering certain types of TRS calls and features.
    OMB Control No.: 3060-1089.
    OMB Approval Date: 11/14/2008.
    Expiration Date: 11/30/2011.
    Title: Telecommunications Relay Services and Speech-to-Speech 
Services for Individuals with Hearing and Speech Disabilities; E911 
Requirements for IP-Enabled Service Providers, CG Docket No. 03-123 and 
WC Docket No. 05-196, FCC 08-151.
    Form No.: N/A.
    Estimated Annual Burden: 1,680,044 responses; 3 minutes (.05 hours) 
to 1 hour per response; 98,616 total annual hourly burden; $4,224,346 
total annual cost.
    Needs and Uses: On November 30, 2005, the Commission released 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities; Access to Emergency 
Services, Notice of Proposed Rulemaking (VRS/IP Relay 911 NPRM), CG 
Docket No. 03-123, FCC 05-196, published at 71 FR 5221 (February 1, 
2006), which addressed the issue of access to emergency services for 
Internet-based forms of Telecommunications Relay Services (TRS), namely 
Video Relay Service (VRS) and Internet Protocol (IP) Relay. The 
Commission sought to adopt means to ensure that such calls promptly 
reach the appropriate emergency service provider.
    On May 8, 2006, the Commission released Telecommunications Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities; Misuse of IP Relay Service and Video Relay 
Service, Further Notice of Proposed Rulemaking (IP Relay/VRS Misuse 
FNPRM), CG Docket No. 03-123, FCC 06-58, published at 71 FR 31131 (June 
1, 2006), which sought further comment on whether IP Relay and VRS 
providers should be required to implement user registration systems and 
what information users should provide, as a means of curbing 
illegitimate IP Relay and VRS calls.
    On May 9, 2006, the Commission released Telecommunications Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities, Declaratory Ruling and Further Notice of Proposed 
Rulemaking (Interoperability Declaratory Ruling and FNPRM), CG Docket 
No. 03-123, FCC 06-57, published at 71 FR 30818 and 71 FR 30848 (May 
31, 2006). In the Interoperability Declaratory Ruling and FNPRM, the 
Commission sought comment on the feasibility of establishing a single, 
open, and global database of proxy numbers for VRS users that would be 
available to all service providers, so that a hearing person can call a 
VRS user through any VRS provider, and without having first to 
ascertain the VRS user's current IP address.
    On June 24, 2008, the Commission released Telecommunications Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities; E911 Requirements for IP-Enabled Service 
Providers, Report and Order and Further Notice of Proposed Rulemaking 
(Report and Order), CG Docket No. 03-123 and WC Docket No. 05-196, FCC 
08-151, addressing the issues raised in these notices. The Report and 
Order provides VRS and IP Relay users with a reliable and consistent 
means by which others (including emergency personnel) can identify or 
reach them by, among other things, integrating VRS and IP Relay users 
into the ten-digit, NANP numbering system.
    First, to complete a telephone call to an Internet-based TRS user, 
a provider must have some method of logically associating the telephone 
number dialed by the caller to the Internet-based TRS user's device. 
That method, known as the TRS Numbering Directory, is a central 
database that maps each user's telephone number to routing information 
needed to find that user's device on the Internet. The Report and Order 
requires VRS and IP Relay providers to collect and maintain the routing 
information from their registered users and to provision that 
information to the TRS Numbering Directory so that this mapping can 
occur.
    Second, because there is no reliable means for VRS and IP Relay 
providers, unlike wireline carriers, to automatically know the physical 
location of their users, the Report and Order requires VRS and IP Relay 
providers to collect and maintain the Registered Location of their 
registered users. And to ensure that authorities can retrieve a user's 
Registered Location (along with the provider's name and CA's 
identification number for callback purposes), the Report and Order 
requires VRS and IP Relay providers to provision that information into, 
or make that information available through, ALI databases across the 
country.
    Third, to ensure that VRS and IP Relay users are aware of their 
providers' numbering and E911 service obligations and to inform those 
users of their providers' E911 capabilities, the Report and Order 
requires each VRS and IP Relay provider to post an advisory on its Web 
site, and in any promotional materials directed to consumers, 
addressing numbering and E911 services for VRS or IP Relay. Providers 
also must obtain and keep a record of affirmative acknowledgement from 
each of their registered users of having received and understood the 
user notification.


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Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-14321 Filed 6-17-09; 8:45 am]
BILLING CODE 6712-01-P