[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62863-62864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26411]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0392]


Information Collection 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 January 4, 
2019. 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 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. 
Section 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.
    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 1.1413 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(d)(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

[[Page 62864]]

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 1.1413 to hear and resolve pole access complaints 
brought by ILECs and to determine the merits of the complaints.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2018-26411 Filed 12-4-18; 8:45 am]
 BILLING CODE 6712-01-P