[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Notices]
[Pages 75054-75055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26052]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0149]


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, 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 
27, 2016. 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: 3060-0149.
    Title: Part 63, Application and Supplemental Information 
Requirements; Technology Transitions, GN Docket No. 13-5, et al.
    Form Number(s): N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 65 respondents; 85 responses.
    Estimated Time per Response: 5.34 hours per response.
    Frequency of Response: One-time reporting requirement and third 
party disclosure requirements.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
47 U.S.C. 214 and 402 of the Communications Act of 1934, as amended.
    Total Annual Burden: 2,075 hours.
    Annual Cost Burden: $27,900.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: Information filed in section 
214 applications has generally been non-confidential. Requests from 
parties seeking confidential treatment are considered by Commission 
staff pursuant to 47 CFR 0.459 of the Commission's rules.
    Needs and Uses: The Commission is seeking Office of Management and 
Budget (OMB) approval for a revision of a currently approved 
collection. The Commission will submit this information collection 
after this 60 day comment period. Section 214 of the Communications Act 
of 1934, as amended, requires that a carrier must first obtain FCC 
authorization either to (1) construct, operate, or engage in 
transmission over a line of communications; or (2) discontinue, reduce 
or impair service over a line of communications.
    Part 63 of Title 47 of the Code of Federal Regulations (CFR) 
implements Section 214. Part 63 also implements provisions of the Cable 
Communications Policy Act of 1984 pertaining to video which was 
approved under this OMB Control Number 3060-0149. In 2009, the 
Commission modified Part 63 to extend to providers of interconnected 
Voice of Internet Protocol (VoIP) service the discontinuance 
obligations that apply to domestic non-dominant telecommunications 
carriers under Section 214 of the Communications Act of 1934, as 
amended. In 2014, the Commission adopted improved administrative filing 
procedures for domestic transfers of control, domestic discontinuances 
and notices of network changes, and among other adjustments, modified 
Part 63 to require electronic

[[Page 75055]]

filing for applications for authorization to discontinue, reduce, or 
impair service under section 214(a) of the Act.
    In July 2016, the Commission concluded that applicants seeking to 
discontinue a legacy time division multiplexing (TDM)-based voice 
service as part of a transition to a new technology, whether Internet 
Protocol (IP), wireless, or another type (technology transition 
discontinuance application) must demonstrate that an adequate 
replacement for the legacy service exists in order to be eligible for 
streamlined treatment and revised part 63 accordingly. For any other 
domestic service for which a discontinuance application is filed, the 
existing framework governs automatic grant procedures. Unlike 
traditional applicants, technology transition discontinuance applicants 
seeking streamlined treatment will be required to submit with their 
application either a certification or a showing as to whether an 
``adequate replacement'' exists in the service area. The Commission 
stressed that attempting to satisfy this ``adequate replacement'' test 
to establish eligibility for streamlined treatment is entirely 
voluntary for an applicant. Voice technology transition discontinuance 
applicants that decline to pursue this path are not eligible for 
streamlined treatment and will have their applications evaluated on a 
non-streamlined basis under the traditional five factor test. The 
Commission concluded that an applicant for a technology transition 
discontinuance may demonstrate that a service is an adequate 
replacement for a legacy voice service by certifying or showing that 
one or more replacement service(s) offers all of the following: (i) 
Substantially similar levels of network infrastructure and service 
quality as the applicant service; (ii) compliance with existing federal 
and/or industry standards required to ensure that critical applications 
such as 911, network security, and applications for individuals with 
disabilities remain available; and (iii) interoperability and 
compatibility with an enumerated list of applications and 
functionalities determined to be key to consumers and competitors. One 
replacement service must satisfy all the criteria to retain eligibility 
for automatic grant. To reduce burdens on carriers, the Commission 
adopted a more streamlined approach for discontinuances involving 
services that are substantially similar to those for which a Section 
214 discontinuance has previously been approved and allowed Section 214 
discontinuance applications to be eligible for automatic grant without 
any further showing if the applicant demonstrates that the service has 
zero customers in the relevant service area and no requests for service 
in the last six months.
    The Commission also concluded that consumer education materials 
should be required as part of any technology transition discontinuance 
because customers must be informed of their choices to ensure seamless 
transitions. The Commission determined that information about the price 
of the legacy service and the proposed replacement service should be 
provided as part of the application because any potential increased 
costs would implicate the Commission's commitment to ensuring that 
technology transitions do not unduly impact our most vulnerable 
citizens. To further reduce burdens on carriers, the Commission also 
decided to allow carriers to provide notice via email to offer 
additional options to customers and addressed a gap in the Commission's 
rules to make a competitive LEC's application for discontinuance deemed 
granted on the effective date of any comer retirement that made the 
discontinuance unavoidable. The Commission further concluded that 
applicants must provide notice of discontinuance applications to any 
federally-recognized Tribal Nations. The Commission estimates that 
there will be five respondents submitting 25 applications/responses 
related to these revisions. The Commission also estimates that these 
revisions will result in a total of 1,775 annual burden hours and a 
total annual cost of $27,900. The Commission estimates that the total 
annual burden and annual cost of the entire collection, as revised, is 
2,075 and $27,900, respectively.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2016-26052 Filed 10-27-16; 8:45 am]
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