[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Notices]
[Pages 59303-59305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20722]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0430; FRS 17071]


Information Collection Being Submitted for Review and Approval to 
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, 
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

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take this opportunity to comment on the following information 
collection. Pursuant to the Small Business Paperwork Relief Act of 
2002, the FCC seeks specific comment on how it might ``further reduce 
the information collection burden for 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 and recommendations for the proposed 
information collection should be submitted on or before October 21, 
2020.

ADDRESSES: Comments should be sent to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting 
``Currently under 30-day Review--Open for Public Comments'' or by using 
the search function. Your comment must be submitted into 
www.reginfo.gov per the above instructions for it to be considered. In 
addition to submitting in www.reginfo.gov also send a copy of your 
comment on the proposed information collection to Nicole Ongele, FCC, 
via email to [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 Title 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, as required by the Paperwork Reduction Act (PRA) of 
1995 (44 U.S.C. 3501-3520), the FCC invited the general public and 
other Federal Agencies to take this opportunity to comment on the 
following information collection. Comments are requested concerning: 
(a) 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; (b) the accuracy 
of the Commission's burden estimates; (c) ways to enhance the quality, 
utility, and clarity of the information collected; and (d) 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. Pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4), the FCC seeks specific comment on how it might ``further 
reduce the information collection burden for 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 Costs: 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 Act 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

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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 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 Dortch,
Secretary. Office of the Secretary.
[FR Doc. 2020-20722 Filed 9-18-20; 8:45 am]
BILLING CODE 6712-01-P