[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Notices]
[Pages 48313-48314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20687]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0392]


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 of 1995 (PRA), 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.
    The FCC 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 PRA comments should be submitted on or before November 
23, 2018. 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, (202) 418-2991.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0392.
    Title: 47 CFR 1 Subpart J--Pole Attachment Complaint Procedures.
    Form Number: N/A.
    Type of Review: Revision of a currently-approved collection.
    Respondents: Business or other for-profit.
    Number of respondents and responses: 1,775 respondents; 1,791 
responses.
    Estimated Time per response: 10-14 hours.
    Frequency of response: On-occasion reporting and third-party 
disclosure requirements.
    Obligation to Respond: Required to obtain benefits. Statutory 
authority for this information collection is contained in 47 U.S.C. 
224.
    Total Annual Burden: 3,149 hours.
    Total Annual Cost: $486,000.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: No questions of a 
confidential nature are asked. However, respondents may request that 
materials or information submitted to the Commission in a complaint 
proceeding be withheld from public inspection under 47 CFR 0.459.

[[Page 48314]]

    Needs and Uses: The Commission is requesting OMB approval for a 
revision to an existing information collection. Currently, OMB 
Collection No. 3060-0392, among other things, tracks the burdens 
associated with utilities defending against complaints brought by 
incumbent local exchange carriers (ILECs) related to unreasonable 
rates, terms, and conditions for pole attachments. In Accelerating 
Wireline Broadband Deployment by Removing Barriers to Infrastructure 
Investment, WC Docket No. 17-84, WT Docket No. 17-70, Third Report and 
Order and Declaratory Ruling, FCC 18-111 (2018), the Commission, among 
other things, revised section 1.1414 of its rules to establish a 
presumption that an ILEC is similarly situated to an attacher that is a 
telecommunications carrier or a cable television system providing 
telecommunications services for purposes of obtaining comparable pole 
attachment rates, terms, or conditions. The Commission also established 
a presumption that an incumbent LEC may be charged no higher than the 
Commission-defined pole attachment rate for telecommunications 
carriers, as determined in accordance with section 1.1406(e)(2). To 
rebut these presumptions, the utility must demonstrate by clear and 
convincing evidence that the incumbent LEC receives benefits under its 
pole attachment agreement with a utility that materially advantages the 
incumbent LEC over other telecommunications carriers or cable 
television systems providing telecommunications services on the same 
poles. As a result, now there is an incremental paperwork burden on 
utilities should they elect to challenge the presumption that incumbent 
LECs are entitled to rates, terms, and conditions of similarly-situated 
telecommunications attachers. None of the other paperwork burdens as 
set forth in the 2018 renewal of OMB Collection No. 3060-0392 will 
change. The Commission will use the information collected under this 
revision to 47 CFR 1.1414 to hear and resolve pole access complaints 
brought by ILECs and to determine the merits of the complaints.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2018-20687 Filed 9-21-18; 8:45 am]
 BILLING CODE 6712-01-P