[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Notices]
[Pages 49475-49476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20251]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collection Being Reviewed by the Federal 
Communications Commission for Extension Under Delegated Authority

AGENCY: Federal Communications Commission.

ACTION: Notice and Request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens 
and as required by the Paperwork Reduction Act of 1995, Public Law 104-
13, the Federal Communications Commission invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection(s). 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 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.

DATES: Persons wishing to comment on this information collection should 
submit comments October 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 contact listed 
below as soon as possible.

ADDRESSES: Submit your PRA comments to Nicolas 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].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection(s), contact Judith B. Herman at 202-418-0214.

SUPPLEMENTARY INFORMATION:

    OMB Control No.: 3060-0770.
    Title: Sections 1.774, 61.49, 61.55, 61.58, 69.4, 69.707, 69.713 
and 69.729, Price Cap Performance.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 21 respondents; 21 responses.
    Estimated Time per Response: 10 hours.
    Frequency of Response: On occasion reporting requirements.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
47 U.S.C. sections 151, 154(i), 154(j), 201-205, 303(r), and 403.
    Total Annual Burden: 210 hours.
    Annual Cost Burden: $17,115.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: No information of a 
confidential nature is requested. However, respondents may request 
materials or information submitted to the Commission to be withheld 
from public inspection under 47 CFR 0.459 of the Commission's rules.
    Needs and Uses: The Commission is seeking Office of Management and 
Budget (OMB) approval for an extension of this information collection 
(no change in the reporting requirements). The Commission will submit 
this information collection after this 60-day comment period. The 
Commission is reporting an adjustment increase in annual costs. The 
annual filing fee increase from $775 to $815 for a total estimate of 
$17,115 in annual costs.
    The Commission permits price cap LECs to introduce new services on 
a streamlined basis, without prior approval. In August 1999, the 
Commission modified the rules to eliminate the public interest showing 
required by 47 CFR 69.4(g) and to eliminate the new services test 
requirement (except in the case of loop-based new services) required 
under 47 CFR 69.49(f) and (g). These modifications eliminate delays 
that existed for the introduction of new services as well as encourage 
efficient investment and innovation.
    Section 61.49 also requires supporting information to be submitted 
with letters of transmittal for tariffs of carriers subject to price 
cap regulation. The other rule sections that were adopted in the Fifth 
Report and Order, FCC 99-206, that are subject to OMB review and 
approval are the following:
    Section 1.774, Pricing Flexibility, describes what a petitioner for 
pricing flexibility must provide for specific services pursuant to part 
69, Subpart H, with respect to a metropolitan statistical area (MSA), 
as defined in section 22.909(a), or the non-MSA parts of a study area, 
must show that the price cap LEC has met the relevant thresholds set 
forth in part 69, subpart H.
    Section 61.55, Contract-based tariffs shall include the terms of 
contract, including any renewal options; a brief description of each of 
the services provided under the contract; minimum volume commitments 
for each service; the contract price for each service or services at 
the volume levels committed to by the customers; a general description 
of any volume discounts built into the contract rate structure; and a 
general description of other classifications, practices, and 
regulations affecting the contract rate.
    Section 61.58, Notice requirements establish various time 
requirements for filing tariffs or amendments.
    Section 69.707, for MSAs a price cap LEC filing a petition for 
pricing flexibility in a MSA shall include data sufficient to support 
its petition, as set forth in Subpart H, Pricing Flexibility, 
disaggregated by MSA. A price cap LEC may request pricing flexibility 
for two or more MSAs in a single petition, provided that it submits 
supporting data disaggregated by MSA.
    Section 69.713(b)(1), Phase 1 Triggers, to obtain Phase 1 pricing 
flexibility, as specified in 47 CFR 69.727(a), for the services 
identified in paragraph (a) of this section, a price cap LEC must 
provide convincing evidence that, in the relevant areas as described in 
47 CFR 69.707, its unaffiliated competitors, in aggregate, offer 
service to at least 15

[[Page 49476]]

percent of the price cap LEC's customer locations. For purposed of the 
showing required by paragraph (b)(1) of this section, the price cap LEC 
may not rely on service the competitors provide solely by reselling the 
price cap LEC's services, or provide through unbundled network elements 
as defined by 47 CFR 51.5, except the price cap LEC may rely on service 
the competitors provide through the use of the price cap LEC's 
unbundled loops.
    Section 69.727 requires except for new services subject to 
paragraph (b) of this rule section, a price cap LEC may obtain pricing 
flexibility for a new service that has not been incorporated into a 
price cap basket by demonstrating in its pricing flexibility petition 
that the new service would be properly incorporated into one of the 
price cap baskets and service bands for which the price cap LEC seeks 
pricing flexibility.
    The information collected will be submitted to the Commission by an 
incumbent LEC for use in determining whether the rates proposed by an 
incumbent LEC offering a new loop-based switched access service are 
reasonable.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-20251 Filed 8-9-11; 8:45 am]
BILLING CODE 6712-01-P