[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Notices]
[Pages 12303-12304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4817]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collection Being Reviewed by the Federal 
Communications Commission 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 burden 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3501--3520), 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 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 April 30, 2012. If you anticipate that you will 
be submitting PRA 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: Submit your PRA comments to Nicholas A. Fraser, Office of 
Management and Budget, via fax at 202-395-5167 or via Internet at 
[email protected] and to Judith B. Herman, Federal 
Communications Commission, via the Internet at [email protected]. 
To submit your PRA comments by email send them to: [email protected].

[[Page 12304]]


FOR FURTHER INFORMATION CONTACT: Judith B. Herman, Office of Managing 
Director, (202) 418-0214.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0859.
    Title: Suggested Guidelines for Petitions for Ruling Under Section 
253 of the Communications Act of 1934, as amended.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities and State, 
Local, or Tribal Government.
    Number of Respondents: 24 respondents; 24 responses.
    Estimated Time per Response: 63 to 125 hours.
    Frequency of Response: On occasion reporting requirement.
    Obligation To Respond: Voluntary. Statutory authority for this 
information collection is contained in 47 U.S.C. Section 253 of the 
Communications Act of 1934, as amended.
    Total Annual Burden: 1,698 hours.
    Total Annual Cost: N/A.
    Privacy Impact Assessment: N/A.
    Needs and Uses: The Commission will submit this expiring 
information collection to the OMB after this comment period in order to 
obtain the full three year clearance from them. The Commission is 
requesting an extension (with no change in the reporting requirement). 
There is a reduction in the estimated number of respondents/responses 
and the annual burden hours because very few requests for preemption 
pursuant to section 253 have been filed in recent years.
    The Commission published a Public Notice in November 1998 which 
established various guidelines for the filing of petitions for 
preemption pursuant to section 253 of the Communications Act of 1934, 
as amended, as well as guidelines for the filing of comments opposing 
such requests for preemption. The Commission will use this information 
to discharge its statutory mandate relating to the preemption of state 
or local statutes, regulations, or other state or local legal 
requirements.
    Section 253 of the Communications Act of 1934, as amended; added by 
the Telecommunications Act of 1996, requires the Commission, with 
certain important exceptions, to preempt (to the extent necessary) the 
enforcement of any state or local statute or regulation, or other state 
or local legal requirement that prohibits or has the effect of 
prohibiting any entity from providing any interstate or intrastate 
telecommunications service. The Commission's consideration of 
preemption under section 253 typically begins with the filing of a 
petition by an aggrieved party. The Commission typically places such 
petitions on public notice and requests comment by interested parties. 
The Commission's decision is based on the public record, generally 
composed of the petition and comments. The Commission has considered a 
number of preemption items since the passage of the Telecommunications 
Act of 1996, and believes it is the public interest to inform the 
public of the information necessary for full consideration of the 
issues likely to be involved in section 253 preemption actions. In 
order to render a timely and informed decision, the Commission expects 
petitioners and commenters to provide it with relevant information 
sufficient to describe the legal regime involved in the controversy and 
to provide the factual information necessary for a decision.


Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-4817 Filed 2-28-12; 8:45 am]
BILLING CODE 6712-01-P