[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Pages 12837-12839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5053]



Information Collection Being Submitted to OMB for Review and 

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.


SUMMARY: The Federal Communications Commission (FCC), as part of its 
continuing effort to reduce paperwork burdens, 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; ways to enhance the quality, 
utility, and clarity of the information collected; (c) 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 
collection burden on small business concerns with fewer than 25 
    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 PRA that does not display a valid Office of 
Management and Budget (OMB) control number.

DATES: Written comments should be submitted on or before April 2, 2012. 
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 contacts below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via fax 
202-395-5167, or via email [email protected] [email protected]> and to Cathy Williams, FCC, via email 
[email protected] [email protected]> and to [email protected] [email protected].> Include in the comments the Title as shown 
in the Supplementary Information section below.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection, contact Cathy Williams at (202) 418-

SUPPLEMENTARY INFORMATION: To view a copy of this information 
collection request (ICR) submitted to OMB: (1) Go to the web page 
http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of 
the Web page called ``Currently Under Review,'' (3) click on the 
downward-pointing arrow in the ``Select Agency'' box below the 
``Currently Under Review'' heading, (4) select ``Federal Communications 
Commission'' from the list of agencies presented in the ``Select 
Agency'' box, (5) click the ``Submit'' button to the right of the 
``Select Agency'' box, (6) when the list of FCC ICRs currently under 
review appears, look for the Title of this ICR and then click on the 
ICR Reference Number. A copy of the FCC submission to OMB will be 
    OMB Control Number: 3060-XXXX.
    Title: Accessible Telecommunications and Advanced Communications 
Services and Equipment.
    Form Number: N/A.
    Type of Review: New collection.

[[Page 12838]]

    Respondents: Individuals or households; Businesses or other for-
profit entities; Not-for-profit Institutions.
    Number of Respondents and Responses: 9,454 respondents; 119,660 
    Estimated Time per Response: .50 to 40 hours.
    Frequency of Response: Annual, one time, and on occasion reporting 
requirements; Recordkeeping requirement; Third-party disclosure 
    Obligation to Respond: Mandatory. Statutory authority for this 
information collection is contained in sections 1-4, 255, 303(r), 403, 
503, 716, 717, and 718 of the Act, 47 U.S.C. 151-154, 255, 303(r), 403, 
503, 617, 618, and 619.
    Total Annual Burden: 408,695 hours.
    Total Annual Cost: $110,588.
    Nature and Extent of Confidentiality: Confidentiality is an issue 
to the extent that individuals and households provide personally 
identifiable information, which is covered under the FCC's system of 
records notice (SORN), FCC/CGB-1, ``Informal Complaints and 
Inquiries.'' As required by the Privacy Act, 5 U.S.C. 552a, the 
Commission also published a SORN, FCC/CGB-1 ``Informal Complaints and 
Inquiries'', in the Federal Register on December 15, 2009 (74 FR 66356) 
which became effective on January 25, 2010.
    In addition, upon the service of an informal or formal complaint, a 
service provider or equipment manufacturer must produce to the 
Commission, upon request, records covered by 47 CFR 14.31 of the 
Commission's rules and may assert a statutory request for 
confidentiality for these records. All other information submitted to 
the Commission pursuant to Subpart D of Part 14 of the Commission's 
rules or to any other request by the Commission may be submitted 
pursuant to a request for confidentiality in accordance with 47 CFR 
0.459 of the Commission's rules.
    Privacy Impact Assessment: Yes. The Privacy Impact Assessment (PIA) 
was completed on June 28, 2007. It may be reviewed at: http://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html. The 
Commission is in the process of updating the PIA to incorporate various 
revisions made to the SORN.

    Note:  The Commission will prepare a revision to the SORN and 
PIA to cover the PII collected related to this information 
collection, as required by OMB's Memorandum M-03-22 (September 26, 
2003) and by the Privacy Act, 5 U.S.C. 552a.

    Needs and Uses: On October 7, 2011, in document FCC 11-151, the 
Commission released a Report and Order adopting final rules to 
implement sections 716 and 717 of the Communications Act of 1934 (the 
Act), as amended, which were added to the Act by the ``Twenty-First 
Century Communications and Video Accessibility Act of 2010'' (CVAA). 
See Public Law 111-260, Sec.  104. Section 716 of the Act requires 
providers of advanced communications services and manufacturers of 
equipment used for advanced communications services to make their 
services and equipment accessible to individuals with disabilities, 
unless doing so is not achievable. See 47 U.S.C. 617. Section 717 of 
the Act establishes new recordkeeping requirements and enforcement 
procedures for service providers and equipment manufacturers that are 
subject to sections 255, 716, and 718 of the Act. See 47 U.S.C. 618. 
Section 255 of the Act requires telecommunications and interconnected 
VoIP services and equipment to be accessible, if readily achievable. 
See 47 U.S.C. 255. Section 718 of the Act requires web browsers 
included on mobile phones to be accessible to and usable by individuals 
who are blind or have a visual impairment, unless doing so is not 
achievable. See 47 U.S.C. 619.
    Specifically, the rules adopted in document FCC 11-151 have the 
following possible related information collection requirements:
    (a) The rules adopted in document FCC 11-151 establish procedures 
for advanced communications service providers and equipment 
manufacturers to seek waivers from the accessibility obligations of 
section 716 of the Act and, in effect, waivers from the recordkeeping 
requirements and enforcement procedures of section 717 of the Act. 
Waiver requests may be submitted for individual or class offerings of 
services or equipment which are designed for multiple purposes, but are 
designed primarily for purposes other than using advanced 
communications services. All such waiver petitions will be put on 
public notice for comments and oppositions.
    (b) The CVAA and the rules adopted in document FCC 11-151 require 
service providers and equipment manufacturers that are subject to 
sections 255, 716, or 718 of the Act to maintain records of the 
following: (1) Their efforts to consult with people with disabilities; 
(2) descriptions of the accessibility features of their products and 
services; and (3) information about the compatibility of their products 
with peripheral devices or specialized customer premises equipment 
commonly used by individuals with disabilities to achieve access. These 
recordkeeping requirements are necessary to facilitate enforcement of 
accessibility obligations. Document FCC 11-151 provides flexibility by 
allowing covered entities to keep records in any format, recognizing 
the unique recordkeeping methods of individual entities. Because 
complaints regarding accessibility of a service or equipment may not 
occur for years after the release of the service or equipment, covered 
entities must keep records for two years from the date the service 
ceases to be offered to the public or the equipment ceases to be 
manufactured. Service providers and equipment manufacturers are not 
required to keep records of their consideration of achievability or the 
implementation of accessibility, but they must be prepared to carry 
their burden of proof in any enforcement proceeding, which requires 
greater than conclusory or unsupported claims.
    (c) The CVAA and the rules adopted in document FCC 11-151 require 
an officer of service providers and equipment manufacturers that are 
subject to sections 255, 716, or 718 of the Act to certify annually to 
the Commission that records are kept in accordance with the 
recordkeeping requirements. The certification must be supported with an 
affidavit or declaration under penalty of perjury, signed and dated by 
an authorized officer of the entity with personal knowledge of the 
representations provided in the company's certification, verifying the 
truth and accuracy of the information. The certification must also 
identify the name and contact details of the person or persons within 
the company that are authorized to resolve accessibility complaints, 
and the agent designated for service of process. The certification must 
be filed with the Consumer and Governmental Affairs Bureau on or before 
April 1 each year for records pertaining to the previous calendar year. 
The certification must be updated when necessary to keep the contact 
information current.
    (d) The Commission also established procedures in document FCC 11-
151 to facilitate the filing of formal and informal complaints alleging 
violations of sections 255, 716, or 718 of the Act. Those procedures 
include a nondiscretionary pre-filing notice procedure to facilitate 
dispute resolution. As a prerequisite to filing an informal complaint, 
complainants must first request dispute assistance from the Consumer 
and Governmental Affairs Bureau's Disability Rights Office.
    The rules adopted in document FCC 11-151 temporarily exempt 
advanced communications service providers and

[[Page 12839]]

equipment manufacturers from the accessibility obligations of section 
716 of the Act and, in effect, from the recordkeeping requirements and 
enforcement procedures of section 717 of the Act, if they qualify as 
small business concerns under the Small Business Administration's (SBA) 
rules and size standards for the industry in which they are primarily 
engaged. These size standards are based on the maximum number of 
employees or maximum annual receipts of a business concern. The SBA 
categorizes industries for its size standards using the North American 
Industry Classification System (NAICS).
    The temporary exemption will begin on the effective date of the 
rules adopted in document FCC 11-151 and will expire the earlier of the 
following: (1) The effective date of small entity exemption rules 
adopted pursuant to the Further Notice of Proposed Rulemaking in 
document FCC 11-151; or (2) October 8, 2013.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-5053 Filed 3-1-12; 8:45 am]