[Federal Register Volume 74, Number 221 (Wednesday, November 18, 2009)]
[Notices]
[Pages 59538-59539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27723]


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FEDERAL COMMUNICATIONS COMMISSION


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

November 13, 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 January 19, 2010. 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 Judith B. Herman, 
Federal Communications Commission (FCC). To submit your PRA comments by 
e-mail send them to: [email protected].

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-XXXX.
     Title: Sections 1.49 and 1.54, Forbearance Petition Filing 
Requirements.
     Form No.: N/A.
     Type of Review: New collection.
     Respondents: Business or other for-profit.
     Number of Respondents: 10 respondents; 10 responses.
     Estimated Time Per Response: 640 hours.
     Frequency of Response: On occasion reporting requirement, 
recordkeeping 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. Sections 151, 154(i), 154(j), 155(c), 160, 201 and 303(r).
     Total Annual Burden: 6,400 hours.
     Total Annual Cost: N/A.
     Privacy Act Impact Assessment: N/A.
     Nature and Extent of Confidentiality: The Commission is not 
requesting that the respondents submit confidential information to the 
Commission. Respondents may, however, request confidential treatment 
for information they believe to be confidential under 47 CFR 0.459 of 
the Commission's rules.
     Need and Uses: The Commission is requesting OMB approval of this 
new information collection request in order to obtain the full three 
year clearance from them. The Commission is estimating 6,400 total 
annual burden hours.
    Under section 10 of the Communications Act of 1934, as amended, 
telecommunications carriers may petition the Commission to forbear from 
applying to a telecommunications carrier any statutory provision or 
Commission regulation. When a carrier petitions the Commission for 
forbearance, section 10 requires the Commission to make three 
determinations with regard to the need for the challenged provision or 
regulation. If the Commission fails to act within one year (extended by 
three additional months, if necessary) the petition is ``deemed 
granted'' by operation of law. These determinations require complex, 
fact-intensive analysis, e.g., ``whether forbearance from enforcing the 
provision or regulation will promote competitive market conditions.''

[[Page 59539]]

    Under the new filing procedures, the Commission requires that 
petitions for forbearance must be ``complete as filed'' and explain in 
detail what must be included in the forbearance petition. The 
Commission also incorporates by reference its rule, 47 CFR 1.49, which 
states the Commission's standard ``specifications as to pleadings and 
documents.'' Precise filing requirements are necessary because of 
section 10's strict time limit for Commission action. Also, commenters 
must be able to understand clearly the scope of the petition in order 
to comment on it. Finally, standard filing procedures inform 
petitioners precisely what the Commission expects from them in order to 
make the statutory determinations that the statute requires.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. E9-27723 Filed 11-17-09; 8:45 am]
BILLING CODE 6712-01-S