[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Notices]
[Pages 52808-52810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24569]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission, Comments Requested

October 5, 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 comments on this information collection 
should submit comments on November 13, 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.

[[Page 52809]]


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 Judith B. Herman, 
Federal Communications Commission (FCC). To submit your PRA comments by 
e-mail send then to: [email protected]. To view a copy of this information 
collection request (ICR) submitted to OMB: (1) Go to web page: http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the web 
page called ''Currently Under Review'', (3) click on 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 FCC list appears, look for the title of this ICR (or its 
OMB Control Number, if there is one) and then click on the ICR.

FOR FURTHER INFORMATION CONTACT: Judith B. Herman, OMD, 202-418-0214. 
For additional information about the information collection(s) send an 
e-mail to [email protected] or contact Judith B. Herman, 202-418-0214.

SUPPLEMENTARY INFORMATION:
    OMB Control No: 3060-0149.
    Title: Part 63, Application and Supplemental Information 
Requirements.
    Form No.: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 90 respondents; 90 responses.
    Estimated Time Per Response: 5 hours.
    Frequency of Response: On occasion 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 
sections 214 and 402.
    Total Annual Burden: 450 hours.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: Information filed in section 
214 applications has generally been non-confidential. Requests from 
parties seeking confidentiality are considered by Commission staff 
pursuant to agency rules. See 47 CFR 0.459 of the Commission's rules.
    Need and Uses: Section 214 of the Communications Act of 1934, as 
amended, requires that a carrier must first obtain FCC authorization 
either to: 1) construct, operate, or engage in transmission over a line 
of communications, or 2) discontinue, reduce, or impair service over a 
line of communications. Part 63 of Title 47 of the Code of Federal 
Regulations implements Section 214. Part 63 also implements provisions 
of the Cable Communications Policy Act of 1984 pertaining to video 
which was approved under OMB control number 3060-0149.
    In this submission to the OMB, the Commission is revising this IC. 
In the Report and Order , FCC 09-40, WC Docket No. 04-36, the 
Commission modified Part 63 to extend to providers of interconnected 
Voice over Internet Protocol (VoIP) service the discontinuance 
obligations that apply to domestic non-dominant telecommunications 
carriers under Section 214 of the Communications Act of 1934, as 
amended. Accordingly, the Commission found that before an 
interconnected VoIP provider may discontinue, reduce, or impair 
service, it must comply with the streamlined discontinuance 
requirements for non-dominant providers under Part 63 of the 
Commission's rules, including the requirements to provide written 
notice to all affected customers, notify relevant state authorities, 
and file an application with the Commission for authorization of the 
planned action. In general, providers of facilities-based 
interconnected VoIP services and ``over-the-top'' interconnected VoIP 
services are subject to the rules in the VoIP Discontinuance Order. 
However, the Commission found that it made more sense to treat 
providers of interconnected VoIP services that are mobile in the same 
way as Commercial Mobile Radio Service (CMRS) providers, which are not 
subject to the Commission's Section 214 discontinuance obligations.
    OMB Control No: 3060-XXXX.
    Title: Implementation of the NET 911 Improvement Act of 2008; 
Location Information from Owners and Controllers of 911 and E911 
Capabilities.
    Form No.: N/A.
    Type of Review: New collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 60 respondents; 60 responses.
    Estimated Time Per Response: .0833 hours (5 minutes).
    Frequency of Response: On occasion 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 the 
New and Emerging Technologies 911 Improvement Act of 2008 (NET 911 
Act), Public Law 110-283, Stat. 2620 (2008) (to be codified at 47 CFR 
Section 615a-1), and section 222 of the Communications Act of 1934, as 
amended.
    Total Annual Burden: 5 hours.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: To implement section 222 of 
the Communications Act of 1934, as amended, the Commission's rules 
impose a general duty on carriers to protect the privacy of customer 
proprietary network information and carrier proprietary information 
from unauthorized disclosure. See 47 CFR 64.2001 et seq. In the Order, 
the Commission additionally has clarified that the Commission's rules 
contemplate that incumbent LECs and other owners or controllers of 911 
or E911 infrastructure will acquire information regarding 
interconnected VoIP providers and their customers for use in the 
provision of emergency services. We fully expect that these entities 
will use the information only for the provision of E911 services. To be 
clear, no entity may use customer information obtained as a result of 
the provision of 911 or E911 services for marketing purposes.
    Need and Uses: The Commission will submit this new information 
collection to the Office of Management and Budget (OMB) during this 30 
day comment period in order to obtain the full three year clearance 
from them. The Commission is reporting a program change increase of 60 
respondents/responses and therefore, the total annual burden is 
estimated to be 5 total annual burden hours.
    In a Report and Order, FCC 08-249, WC Docket No. 08-171, the FCC 
requires an owner or controller of a 911 or enhanced 911 (E911) 
capability to make that capability available to a requesting 
interconnected Voice over Internet Protocol (VoIP) provider in certain 
circumstances. This requirement involves the collection and disclosure 
to emergency services personnel of customers' location information. In 
a previous action, the Commission required interconnected VoIP 
providers to collect certain location information from their customers 
and disclose it to the entities that owner or control an Automatic 
Location Information (ALI) database. That OMB-approved required is 
under OMB Control Number 3060-1085. All the relevant costs of the 
entities that own or control an ALI database were previously described 
in 3060-1085. The Commission has calculated the paperwork burdens of 
this present item in such a way as to

[[Page 52810]]

prevent double counting for OMB's inventory. For more information 
regarding this new information collection, see 74 Fed. Reg. 31860 (July 
6, 2009) available at <http://frwebtgate5.access.gpo.gov/cgi-bin/PDFgate.cgi? 
WAISdocID=594374209894+10+2+0&WAISaction=retrieve.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-24569 Filed 10-13-09; 8:45 am]
BILLING CODE 6712-01-S