[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Pages 58778-58779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23269]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collection Being Reviewed by the Federal 
Communications Commission

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 (PRA) of 1995 (44 U.S.C. 
3501-3520), the Federal Communications Commission (FCC or the 
Commission) invites the general public and other Federal agencies to 
take this opportunity to comment on the following information 
collection. Comments are requested concerning: 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; the accuracy of the Commission's burden 
estimate; ways to enhance the quality, utility, and clarity of the 
information collected; 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 
ways to further reduce the information collection burden on 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 PRA 
that does not display a valid Office of Management and Budget (OMB) 
control number.

DATES: Written PRA comments should be submitted on or before December 
1, 2014. 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: Direct all PRA comments to Nicole Ongele, FCC, via email 
[email protected] and to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Nicole Ongele at (202) 418-2991.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0430.
    Title: Section 1.1206, Permit-but-Disclose Proceedings.
    Form Number: N/A.
    Type of Review: Extension 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 Respondent and responses: 11,500 respondents; 34,500 
responses.
    Frequency of Response: On occasion reporting requirement.
    Obligation To Respond: Required to obtain benefits. Statutory 
authority for this collection of information is contained in sections 
4(i) and (j), 303(r), and 409 of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i) and (j), 303(r), and 409.
    Estimated Time per Response: 45 minutes (0.75 hours).
    Total Annual Burden: 25,875 hours.
    Total Annual Costs: No cost.
    Nature and Extent of Confidentiality: Consistent with the 
Commission's rules on confidential treatment of submissions, under 47 
CFR 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.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: The Commission's rules, under 47 CFR 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.
    On February 2, 2011, the FCC released a Report and Order and 
Further Notice of Proposed Rulemaking, GC Docket Number 10-43, FCC 11-
11, which amended and reformed the Commission's rules on ex parte 
presentations (47 CFR 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 
require 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 which contain information 
collection requirements

[[Page 58779]]

which OMB approved on December 6, 2011, are 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) Parties making permissible ex parte presentations in 
restricted proceedings must conform and clarify rule changes when 
filing an ex parte notice with the Commission.
    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.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary, Office of 
the Managing Director.
[FR Doc. 2014-23269 Filed 9-29-14; 8:45 am]
BILLING CODE 6712-01-P