[Federal Register Volume 76, Number 198 (Thursday, October 13, 2011)]
[Rules and Regulations]
[Page 63561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26398]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[WT Docket No. 05-265; FCC 11-52]


Reexamination of Roaming Obligations of Commercial Mobile Radio 
Service Providers and Other Providers of Mobile Data Services; Public 
Information Collection Approved by Office of Management and Budget

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission (FCC) 
announces that it has received Office of Management and Budget (OMB) 
approval for public information collection 3060-0411, which is 
associated with the new complaint mechanism for resolving data roaming 
disputes with commercial mobile data service providers.

DATES: 47 CFR 20.12(e)(2), published May 6, 2011 at 76 FR 26199, is 
effective October 13, 2011.

FOR FURTHER INFORMATION CONTACT: Contact Judith B. Herman, Federal 
Communications Commission, at (202) 418-0214 or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: On September 7, 2011, the Commission 
received approval from the Office of Management and Budget for a 
revision to public information collection 3060-0411, which relates to 
the filing of complaints with the Federal Communications Commission.
    The revision was necessitated by the adoption of a new data roaming 
rule requiring commercial mobile data service providers to offer data 
roaming arrangements to other such providers.\1\ The Commission also 
provided a complaint process by adopting 47 CFR 20.12(e)(2). 
Specifically, a party alleging a violation of 47 CFR 20.12(e) may file 
a formal or informal complaint pursuant to the procedures in 47 CFR 
1.716-1.718, 1.720, 1.721, and 1.723-1.735. It is this rule, 47 CFR 
20.12(e)(2), that is now effective.
---------------------------------------------------------------------------

    \1\ See Reexamination of Roaming Obligations of Commercial 
Mobile Radio Service Providers and Other Providers of Mobile Data 
Services, WT Docket No. 05-265, FCC 11-52, Second Report and Order, 
26 FCC Rcd 5411, 76 FR 26199 (2011); 47 CFR 20.12(e).
---------------------------------------------------------------------------

    Rule: 47 CFR 20.12(e)(2).
    Effective date: 10/13/2011.
    OMB Control No.: 3060-0411.
    OMB Approval Date: 09/07/2011.
    Collection 3060-0411 Expiration Date: 09/30/2014.
    Title: Procedures for Formal Complaints.
    Form No.: FCC Form 485.
    Estimated Annual Burden: 20 respondents; 301 responses; 1,349 total 
annual hours.
    Needs and Uses: On April 7, 2011, the Commission adopted, for data 
roaming, a complaint procedure using most of the procedural processes 
already in place for resolving formal complaints against common 
carriers. Specifically, a party alleging a violation of 47 CFR 20.12(e) 
may file a formal or informal complaint pursuant to the procedures in 
47 CFR 1.716-1.718, 1.720, 1.721, and 1.723-1.735. The Commission finds 
that it is in the public interest to ensure a consistent Commission 
process for resolving both voice and data roaming complaints. Moreover, 
some roaming disputes will involve both data and voice and are likely 
to have factual issues common to both types of roaming. This approach 
allows a party to bring a single proceeding to address such a dispute, 
rather than having to bifurcate the matter and initiate two separate 
proceedings under two different sets of procedures. This, in turn, will 
be more efficient for the parties involved, as well as for the 
Commission, and should result in faster resolution of such disputes.
    This collection of information includes the process for submitting 
a formal complaint. The Commission uses this information to determine 
the sufficiency of complaints and to resolve the merits of disputes 
between the parties. Orders issued by the Commission in formal 
complaint proceedings are based upon evidence and argument produced by 
the parties in accordance with the Formal Complaint Rules. If the 
information were not collected, the Commission would not be able to 
resolve common carrier or commercial mobile data service provider 
related complaint proceedings. An agency may not conduct or sponsor and 
a person is not required to respond to a collection of information 
unless it displays a currently valid control number.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2011-26398 Filed 10-12-11; 8:45 am]
BILLING CODE 6712-01-P