[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Notices]
[Pages 55832-55834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25414]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-XXXX, OMB 3060-0430]


Information Collections Being Submitted for Review and Approval 
to the Office of Management and Budget

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 Commission may not conduct or sponsor a collection of 
information unless it displays a currently valid Office of Management 
and Budget (OMB) 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 OMB control number.

DATES: Written comments should be submitted on or before December 26, 
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 contacts listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via 
email [email protected]; and to Nicole Ongele, FCC, via 
email [email protected] and to [email protected]. Include in the comments 
the OMB control number as shown in the SUPPLEMENTARY INFORMATION below.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection, contact Nicole Ongele at (202) 418-2991. 
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 OMB control number of 
this ICR and then click on the ICR Reference Number. A copy of the FCC 
submission to OMB will be displayed.

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 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.
    OMB Control No.: 3060-XXXX.
    Title: Sections 15.37(k), 74.851(k), and 74.851(l), Consumer 
Disclosure and Labeling.
    Form No.: N/A.
    Type of Review: New collection.
    Respondents: Business or other for-profit, and Not-for-profit 
institutions.
    Number of Respondents and Responses: 5,100 respondents; 127,500 
responses.
    Estimated Time per Response: 0.25 hours.
    Frequency of Response: Third party disclosure requirement 
(disclosure and labeling requirement).
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
47 U.S.C. 151, 154(i), 154(j), 301, 302a, 303(f), 303(g), and 303(r).
    Total Annual Burden: 31,875 hours.
    Total Annual Cost: $1,625,000.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: No information is requested 
that would require assurance of confidentiality.
    Needs and Uses: The Commission will submit this information 
collection to the Office of Management and Budget (OMB) as a new 
collection after this 60-day comment period to obtain the full three-
year clearance from them.
    On August 11, 2015, the Commission released the Wireless 
Microphones Report and Order in Promoting Spectrum Access for Wireless 
Microphone Operations, Expanding the Economic and Innovation 
Opportunities of Spectrum Through Incentive Auctions GN Docket No. 14-
166 and GN Docket No. 12-268. In this Report and Order, the Commission 
established certain consumer disclosure and labeling requirements in 
Sections 15.37(k), 74.851(k), and 74.851(l) relating to wireless 
microphones and wireless video assist devices; these requirements apply 
to persons who manufacture, sell, lease, or offer for sale or lease, 
wireless microphone or video assist devices--either (a) wireless 
microphones or other low power auxiliary stations (``wireless 
microphones'') or video assist devices, authorized pursuant to Part 74, 
Subpart H of the Commission's rules, or (b) unlicensed wireless 
microphones authorized pursuant to Sec.  15.236--to the extent that 
these devices have been

[[Page 55833]]

designed to operate on frequencies that are licensed to 600 MHz service 
band licensees that obtain licenses in the broadcast television 
incentive auction. The Commission directed that the Consumer and 
Governmental Affairs Bureau, following the close of the incentive 
auction, provide specific language to be used in consumer disclosure. 
The incentive auction closed on April 13, 2017.
    On July 24, 2017, the Consumer and Governmental Affairs Bureau, 
Wireless Telecommunications Bureau, and the Office of Engineering and 
Technology of the Federal Communications Commission released an Order, 
Promoting Spectrum Access for Wireless Microphone Operations, Amendment 
of Part 15 of the Commission's Rules for Unlicensed Operations in the 
Television Bands, Repurposed 600 MHz Band, 600 MHz Guard Bands and 
Duplex Gap, and Channel 37, and, Amendment of Part 74 of the 
Commission's Rules for Low Power Auxiliary Stations in the Repurposed 
600 MHz Band and 600 MHz Duplex Gap, Expanding the Economic and 
Innovation Opportunities of Spectrum Through Incentive Auctions, Order, 
GN Docket No. 14-166, ET Docket No. 14-165, and GN Docket No. 12-268. 
In this Order, the Consumer and Governmental Affairs Bureau, Wireless 
Telecommunications Bureau, and the Office of Engineering and Technology 
provided the specific language that must be used in the consumer 
disclosure required by the Commission in its 2015 Wireless Microphones 
Report and Order, as set forth in Sections 15.37(k) and 74.851(l) of 
the Commission's rules. As the Order explains, the consumer disclosure 
requirement is applicable to persons who manufacture, sell, lease, or 
offer for sale or lease, wireless microphone or video assist devices to 
the extent that these devices are capable of operating on the specific 
frequencies associated with the 600 MHz service band (617-652 MHz/663-
698 MHz). This disclosure also informs consumers that, consistent with 
the Commission's decision in the 2015 Wireless Microphones Report and 
Order, wireless microphone users must cease any wireless microphone 
operations in the 600 MHz service band no later than July 13, 2020, and 
that in many instances they may be required to cease use of these 
devices earlier if their use has the potential to cause harmful 
interference to 600 MHz service licensees' wireless operations in the 
band.
    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 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

[[Page 55834]]

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. 2017-25414 Filed 11-22-17; 8:45 am]
 BILLING CODE 6712-01-P