[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Notices]
[Pages 43010-43012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19416]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0430]


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

[[Page 43011]]

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 November 
13, 2017. 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: 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 Commission) invites the general public and other Federal 
agencies to take this opportunity to comment on the following 
information collections. 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.
    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 Cost: 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 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

[[Page 43012]]

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.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2017-19416 Filed 9-12-17; 8:45 am]
 BILLING CODE 6712-01-P