[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Notices]
[Pages 45215-45216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16204]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0411; FRS 16945]


Information Collection Being Reviewed by the Federal 
Communications Commission Under Delegated Authority

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 September 
25, 2020. 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: 3060-0411.

[[Page 45216]]

    Title: Procedures for Formal Complaints.
    Form Number: FCC Form 485.
    Type of Review: Extension of a currently approved collection.
    Respondents: Individuals or households, business or other for-
profit entities, not-for-profit institutions, federal government, and 
state, local, or tribal governments.
    Number of Respondents and Responses: 5 respondents; 13 responses.
    Estimated Time per Response: 1--68 hours.
    Frequency of Response: Recordkeeping requirement, on-occasion 
reporting requirement, and third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 47 
U.S.C. 151, 154(i), 154(j), 206, 207, 208, 209, 301, 303, 304, 309, 
316, 332, and 1302.
    Total Annual Burden: 366 hours.
    Total Annual Cost: $ 97,175.
    Nature and Extent of Confidentiality: 47 CFR 1.731 provides for 
confidential treatment of materials disclosed or exchanged during the 
course of formal complaint proceedings when the disclosing party has 
identified the materials as proprietary or confidential. In the rare 
case in which a producing party believes that section 1.731 will not 
provide adequate protection for its assorted confidential material, it 
may request either that the opposing party consent to greater 
protection, or that the staff supervising the proceeding order greater 
protection.
    Privacy Act Impact Assessment: Yes. The information collection 
requirements may affect individuals or households. As required by the 
Privacy Act of 1974, as amended, 5 U.S.C. 552a, and OMB regulations, M-
03-22 (September 22, 2003), the FCC has completed both a system of 
records, FCC/EB-5, ``Enforcement Bureau Activity Tracking System,'' and 
a Privacy Impact Assessment (PIA), to cover the collection, 
maintenance, use, and disposal of all personally identifiable 
information (PII) that may be submitted as part of a formal complaint 
filed against a common carrier:
    (a) The system of records notice (SORN), FCC/EB-5, ``Enforcement 
Bureau Activity Tracking System (EBATS),'' was published in the Federal 
Register on December 14, 2010 (75 FR 77872) and became effective on 
January 24, 2011. It is posted on the FCC's Privacy Act web page at: 
http://www.fcc.gov/omd/privacyact/records-systems.html.
    (b) The initial Privacy Impact Assessment (PIA) was completed on 
May 22, 2009. Subsequent related approvals include: (1) FCC/EB-5, 
``EBATS,'' on January 24, 2011: and, (2) September 21, 2017 was 
updated.
    Needs and Uses: Sections 206-209 of the Communications Act of 1934, 
as amended (the ``Act''), provide the statutory framework for 
adjudicating formal complaints against common carriers. To resolve 
complaints between providers regarding compliance with data roaming 
obligations, Commission Rule 20.12(e) adopts by reference the 
procedures already in place for resolving Section 208 formal complaints 
against common carriers, except that the remedy of damages, is not 
available for complaints against commercial mobile data service 
providers.
    Section 208(a) authorizes complaints by any person ``complaining of 
anything done or omitted to be done by any common carrier'' subject to 
the provisions of the Act.
    Section 208(a) states that if a carrier does not satisfy a 
complaint or there appears to be any reasonable ground for 
investigating the complaint, the Commission shall ``investigate the 
matters complained of in such manner and by such means as it shall deem 
proper.'' Certain categories of complaints are subject to a statutory 
deadline for resolution. See, e.g., 47 U.S.C. 208(b)(1) (imposing a 
five-month deadline for complaints challenging the ``lawfulness of a 
charge, classification, regulation, or practice''); 47 U.S.C. 271 
(d)(6) (imposing a 90-day deadline for complaints alleging that a Bell 
Operating Company has ceased to meet conditions imposed in connection 
with approval to provide in-region interLATA services).
    Formal complaint proceedings before the Commission are similar to 
civil litigation in federal district court. In fact, under section 207 
of the Act, a party claiming to be damaged by a common carrier may file 
its complaint with the Commission or in any district court of the 
United States, ``but such person shall not have the right to pursue 
both such remedies'' (47 U.S.C. 207). The Commission has promulgated 
rules (Formal Complaint Rules) to govern its formal complaint 
proceedings that are similar in many respects to the Federal Rules of 
Civil Procedure. See 47 CFR 1.720-1.736. These rules require the 
submission of information from the parties necessary to create a record 
on which the Commission can decide complex legal and factual issues. As 
described in section 1.720 of the rules, the Commission resolves formal 
complaint proceedings on a written record consisting of a complaint, 
answer or response, and joint statement of stipulated facts, disputed 
facts and key legal issues, along with all associated affidavits, 
exhibits and other attachments.
    This collection of information includes the process for 
electronically submitting a formal complaint against a common carrier. 
The Commission uses this information to determine the sufficiency of 
complaints and to resolve the merits of disputes between the parties. 
The Commission bases its orders in formal complaint proceedings upon 
evidence and argument produced by the parties in accordance with the 
Formal Complaint Rules. If the information were not collected, the 
Commission would not be able to resolve common carrier-related 
complaint proceedings, as required by section 208 of the Act.
    In addition, the Commission has adopted most of this formal 
complaint process to govern data roaming complaints. Specifically, the 
Commission has extended, as applicable, the procedural rules in the 
Commission's Part I, Subpart E rules, 47 CFR 1.716-1.718, 1.720, 1.721, 
and 1.723-1.735, to disputes arising out of the data roaming rule 
contained in 47 CFR 20.12(e). Therefore, in addition to being necessary 
to resolve common carrier-related complaint proceedings, this 
collection of information is also necessary to resolve data roaming-
related complaint proceedings.

    Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2020-16204 Filed 7-24-20; 8:45 am]
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