[Federal Register Volume 74, Number 186 (Monday, September 28, 2009)]
[Notices]
[Pages 49378-49379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23332]


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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

September 15, 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 November 27, 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 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 Number: 3060-0773.
    Title: Section 2.803, Marketing of RF Devices Prior to Equipment 
Authorization.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 6,000 respondents; 6,000 responses.
    Estimated Time Per Response: .5 hours.
    Frequency of Response: One time reporting requirement and third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 47 
U.S.C. 154(i), 302, 303, 303(r), and 307.
    Total Annual Burden: 3,000 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 and/or third party disclosure requirements) of this 
information collection. The Commission is reporting no change in their 
burden estimates.
    The Commission has established rules for the marketing and 
authorization of radio frequency (RF) devices under guidelines in 47 
CFR Part 2, Section 2.803. The general guidelines in Section 2.803 
prohibit the marketing or sale of such equipment prior to a 
demonstration of compliance with the applicable equipment authorization 
and technical requirements in the case of a device subject to 
verification or Declaration of Conformity.
    The following general guidelines apply for third party 
notifications:
    (a) A RF device may be advertised and displayed at a trade show or 
exhibition prior to a demonstration of compliance with the applicable 
technical standards and compliance with the applicable equipment 
authorization procedure provided the advertising and display is 
accompanied by a conspicuous notice specified in Section 2.803(c).
    (b) An offer for sale solely to business, commercial, industrial, 
scientific, or medical users of an RF device in the conceptual, 
developmental, design or pre-production stage prior to demonstration of 
compliance with the equipment authorization regulations may be 
permitted provided that the prospective buyer is advised in writing at 
the time of the offer for sale that the equipment is subject to FCC 
rules and that the equipment will comply with the appropriate rules 
before delivery to the buyer or centers of distribution.
    (c) There are no FCC requirements for how this notice of compliance 
is to be phrased.
    The information to be disclosed about marketing of the RF device is 
intended:
    (a) To ensure the compliance of the proposed equipment with 
Commission rules; and
    (b) To assist industry efforts to introduce new products to the 
marketplace more promptly.
    The information disclosure applies to a variety of RF devices that:
    (a) Is pending equipment authorization or verification of 
compliance;
    (b) May be manufactured in the future; and
    (c) Operates under varying technical standards.
    The information disclosed is essential to ensuring that 
interference to radio communications is controlled.
    OMB Control Number: 3060-0782.
    Title: Petition for Limited Modification of LATA Boundaries to 
Provide Expanded Local Calling Service (ELCS) at Various Locations.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 20 respondent; 100 responses.

[[Page 49379]]

    Estimated Time Per Response: 8 hours (5 times/year).
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Voluntary. Statutory authority for this 
information collection is required by Section 3(25) of the 
Communications Act of 1934, as amended; and 47 U.S.C. sections 153, 
154(i), and 271.
    Total Annual Burden: 800 hours.
    Total Annual Cost: N/A.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: The Commission is not 
requesting that respondents submit confidential information. The 
information submitted to the Commission is available for public 
inspection; no assurance of confidentiality has been given regarding 
the information.
    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. The Commission 
is reporting no change in their burden estimates.
    In a 1997 Memorandum Opinion and Order, the Commission requested 
that Bell Operating Companies (BOCs) provide certain information to the 
Commission regarding BOC requests for limited modification of local 
access and transport area (LATA) boundaries to provide local calling 
services (ELCS).
    Section 271 of the Communications Act of 1934 (`the Act'), as 
amended, prohibits a BOC from providing ``interLATA services 
originating in any of its `in-region' States'' until the BOC takes 
certain steps to open its own market to competition and the Commission 
approves the BOC's application to provide such service. Moreover, 
Section 10(d) prohibits the Commission from forbearing from applying 
the requirements of Section 271. However Section 3(25) of the Act 
provides that a BOC may modify LATA boundaries, if such modifications 
are approved by the Commission. Thus, for a BOC to provide service on a 
new ELCS route that crosses existing LATA boundaries, the Act requires 
that the BOC either modify the LATA so that the route no longer crosses 
a LATA boundary or satisfy the requirements of Section 271. Although 
the BOCs have otherwise satisfied the criteria for Section 271, this 
collection remains relevant in order to ensure that they fulfill their 
obligations under the Act and Commission policies and rules regarding 
BOC provision of InterLATA services.
    The Commission had found that LATA modification for the ``limited 
purpose'' of authorizing a BOC to provide flat-rate, non-optional local 
calling service between specific exchanges will meet community needs 
for traditional local telephone service while reducing the potential 
anticompetitive effects of general LATA modifications.
    The guidelines ask that each ECLS request include the following 
information:
    (1) Type of proposed service; (2) direction of proposed service; 
(3) telephone exchanges involved; (4) names of affected customers; (5) 
state commission approval; (6) number of access lines for customers; 
(7) usage data; (8) poll results; if any; (9) community of interest 
statement; (10) a map showing exchanges and LATA boundary involved; and 
(11) any other pertinent information.
    A carrier will be deemed to have made a prima facie case supporting 
grant of the proposed modification if the petition: (1) Has been 
approved by the state commission; (2) that the state commission found a 
sufficient community interest to warrant such service; (4) documents 
this community of interest through such evidence as poll results, usage 
data, and descriptions of the communities involved; and (5) involves a 
limited number of customers or access lines. The guidelines will enable 
the Commission to ensure that BOCs are incompliance with the Act and 
Commission policies and rules regarding BOC provision of InterLATA 
services. The requested information is used by the Commission to 
determine whether the need for the proposed ELCS routes outweigh the 
risk of potential anticompetitive effects, and thus whether requests 
for limited modifications of LATA boundaries should be granted.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-23332 Filed 9-25-09; 8:45 am]
BILLING CODE 6712-01-P