[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Notices]
[Pages 27048-27049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11346]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communication Commission.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Communications Commission (FCC), 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, as required by the Paperwork 
Reduction Act (PRA) of 1995. 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; (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; and (e) ways to further reduce the information 
burden for small business concerns with fewer than 25 employees.
    The FCC may not conduct or sponsor a collection of information 
unless it displays a currently valid Office of Management and Budget 
(OMB) 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 OMB Control 
Number.

DATES: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before July 11, 2011. 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 FCC 
contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Leslie F. Smith, Federal 
Communications Commission (FCC), via e-mail [email protected] or to 
[email protected].

FOR FURTHER INFORMATION CONTACT: For additional information the 
information collection, contact Leslie F. Smith at (202) 418-0217.

SUPPLEMENTARY INFORMATION: The Commission has requested approval of 
this information collection under the emergency processing provisions 
of the PRA, 5 CFR Sections 1320.5, 1320.8(d), and 1320.13 by May 17, 
2011.
    OMB Control Number: 3060-0430.
    Title: Section 1.1206, Permit-but-Disclose Proceedings.
    Form Number(s): N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions; Federal Government; and State, 
local, or tribal governments.
    Number of Respondents and Responses: 11,500 respondents; 11,500 
responses.
    Estimated Time per Response: 45 minutes (0.75 hours).
    Frequency of Response: On occasion reporting requirements; third 
party disclosure.
    Obligation to Respond: Required to obtain or retain benefits.
    Total Annual Burden: 25,875 hours.
    Total Annual Cost: $0.00.
    Privacy Impact Assessment: No Impact(s).
    Nature and Extent of Confidentiality: Consistent with the 
Commission's rules on confidential treatment of submissions, under 47 
CFR Section 0.459, a presenter may request confidential treatment of ex 
parte presentations. In addition, the Commission will permit parties to 
remove metadata containing confidential or privileged information, and 
the Commission will also not require parties to file electronically ex 
parte notices that contain confidential information. The Commission 
will, however, require a redacted version to be filed electronically at 
the same time the paper filing is submitted, and that the redacted 
version must be machine-readable whenever technically possible.
    Needs and Uses: The Commission's rules, under 47 CFR Section 
1.1206, require that a public record be made of ex parte presentations 
(i.e., written presentations not served on all parties to the 
proceeding or oral presentations as to which all parties have not been 
given notice and an opportunity to be present) to decision-making 
personnel in ``permit-but-disclose'' proceedings, such as notice-and-
comment rulemakings and declaratory ruling proceedings. Persons making 
such presentations must file two copies of written presentations and 
two copies of memoranda reflecting new data or arguments in oral 
presentations no later than the next business day after the 
presentation; alternatively, in proceedings in which electronic filing 
is permitted, a copy may be filed electronically.

[[Page 27049]]

    On February 2, 2011, the FCC released a Report and Order and 
Further Notice of Proposed Rulemaking, CG Docket Number 10-43, FCC 11-
11, which amends and reforms the Commission's rules on ex parte 
presentations (47 CFR Section 1.1206(b)(2)) made in the course of 
Commission rulemakings and other permit-but-disclose proceedings. The 
modifications to the existing rules adopted in this Report and Order 
address these problems by requiring that parties file more descriptive 
summaries of their ex parte contacts, by ensuring that other parties 
and the public have an adequate opportunity to review and respond to 
information submitted ex parte, and by improving the FCC's oversight 
and enforcement of the ex parte rules. The modified ex parte rules 
provide as follows: (1) Ex parte notices will be required for all oral 
ex parte presentations in permit-but-disclose proceedings, not just for 
those presentations that involve new information or arguments not 
already in the record; (2) If an oral ex parte presentation is limited 
to material already in the written record, the notice must contain 
either a succinct summary of the matters discussed or a citation to the 
page or paragraph number in the party's written submission(s) where the 
matters discussed can be found; (3) Notices for all ex parte 
presentations must include the name of the person(s) who made the ex 
parte presentation as well as a list of all persons attending or 
otherwise participating in the meeting at which the presentation was 
made; (4) Notices of ex parte presentations made outside the Sunshine 
period must be filed within two business days of the presentation; (5) 
The Sunshine period will begin on the day (including business days, 
weekends, and holidays) after issuance of the Sunshine notice, rather 
than when the Sunshine Agenda is issued (as the current rules provide); 
(6) If an ex parte presentation is made on the day the Sunshine notice 
is released, an ex parte notice must be submitted by the next business 
day, and any reply would be due by the following business day. If a 
permissible ex parte presentation is made during the Sunshine period 
(under an exception to the Sunshine period prohibition), the ex parte 
notice is due by the end of the same day on which the presentation was 
made, and any reply would need to be filed by the next business day. 
Any reply must be in writing and limited to the issues raised in the ex 
parte notice to which the reply is directed; (7) Commissioners and 
agency staff may continue to request ex parte presentations during the 
Sunshine period, but these presentations should be limited to the 
specific information required by the Commission; (8) Ex parte notices 
must be submitted electronically in machine-readable format. PDF images 
created by scanning a paper document may not be submitted, except in 
cases in which a word-processing version of the document is not 
available. Confidential information may continue to be submitted by 
paper filing, but a redacted version must be filed electronically at 
the same time the paper filing is submitted. An exception to the 
electronic filing requirement will be made in cases in which the filing 
party claims hardship. The basis for the hardship claim must be 
substantiated in the ex parte filing; (9) To facilitate stricter 
enforcement of the ex parte rules, the Enforcement Bureau is authorized 
to levy forfeitures for ex parte rule violations; (10) Copies of 
electronically filed ex parte notices must also be sent electronically 
to all staff and Commissioners present at the ex parte meeting so as to 
enable them to review the notices for accuracy and completeness. Filers 
may be asked to submit corrections or further information as necessary 
for compliance with the rules; and (11) Minor conforming and clarifying 
rule changes proposed in the Notice are adopted. The only changes 
entailing increased information collection are the requirement that 
parties making permissible ex parte presentations in restricted 
proceedings file an ex parte notice, and that ex parte notices contain 
either a summary of the presentation or a reference to where the 
information can be found in the written record, and that ex parte 
notices list all persons attending the presentation
    The information is used by parties to permit-but-disclose 
proceedings, including interested members of the public, to respond to 
the arguments made and data offered in the presentations. The responses 
may then be used by the Commission in its decision-making. The 
availability of the ex parte materials ensures that the Commission's 
decisional processes are fair, impartial, and comport with the concept 
of due process in that all interested parties can know of and respond 
to the arguments made to the decision-making officials.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-11346 Filed 5-9-11; 8:45 am]
BILLING CODE 6712-01-P