[Federal Register Volume 86, Number 117 (Tuesday, June 22, 2021)]
[Notices]
[Pages 32676-32678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13088]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-1113; FRS 33280]


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 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 July 22, 2021.

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

[[Page 32677]]

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: 3060-1113. Title: Election Whether to 
Participate in the Wireless Emergency Alert System.
    Form No.: N/A.
    Type of Review: Extension of a currently-approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 1,253 respondents; 5,012 
responses.
    Estimated Time per Response: 0.5 (30 minutes)--12 hours.
    Frequency of Response: On occasion reporting requirement, 
recordkeeping requirement and third party disclosure requirements.
    Obligation to Respond: Mandatory and Voluntary. Statutory authority 
for this information collection is contained in 47 U.S.C. 151, 154(i), 
154(j), 154(o), 218, 219, 230, 256, 302(a), 303(f), 303(g), 303(j), 
303(r), 403, 621(b)(3), and 621(d).
    Total Annual Burden: 28,820 hours.
    Total Annual Cost: No cost.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: This Commission is requesting an extension of a 
currently approved information collection from the Office of Management 
and Budget (OMB) in order to obtain the three-year approval after this 
60-day comment period. It includes the collection of the following 
information from Commercial Mobile Service (CMS) providers: (1) 
Enhanced notice to consumers at time of sale (Enhanced Notice at Time 
of Sale); (2) disclosure as to degree of participation in wireless 
alerts (``in whole'' or ``in part'') (Notice of Election); (3) notice 
to current subscribers of non-participation in WEA (Notice to Current 
Subscribers); and (4) a collection to include voluntary information 
collection for a database that the Commission plans to create (Database 
Collection).
    The Commission created WEA (previously known as the Commercial 
Mobile Service Alert System) as required by Congress in the Warning 
Alert and Response Network (WARN) Act and to satisfy the Commission's 
mandate to promote the safety of life and property through the use of 
wire and radio communication.
    All these information collections involve the Wireless Emergency 
Alert (WEA) system, a mechanism under which CMS providers may elect to 
transmit emergency alerts to the public. OMB last granted these 
collection requests on August 1, 2018 (ICR Ref. No. 201804-3060-013).

Notice of Election

    On August 7, 2008, the Commission released the Third Report and 
Order in PS Docket No. 07- 287 (CMS Third Report and Order), FCC 08-
184. The CMS Third Report and Order implemented provisions of the WARN 
Act, including a requirement that within 30 days of release of the CMS 
Third Report and Order, each CMS provider must file an election with 
the Commission indicating whether or not it intends to transmit 
emergency alerts as part of WEA. The Commission began accepting WEA 
election filings on or before September 8, 2008.
    The Bureau has sought several extensions of this information 
collection. On January 30, 2018, the Commission adopted a WEA Second 
Report and Order and Second Order on Reconsideration in PS Docket Nos. 
15-91 and 15-94, FCC 18-4 (WEA Second R&O). In this order, the 
Commission defines ``in whole'' or ``in part'' WEA participation, 
specifies the difference between these elections, and requires CMS 
providers to update their election status accordingly.

Enhanced Notice at Time of Sale

    Section 10.240 of the Commission's rules already requires that CMS 
Providers participating in WEA ``in part'' provide notice to consumers 
that WEA may not be available on all devices or within the entire 
service area, as well as details about the availability of WEA service. 
As part of the WEA Second R&O, the Commission adopted enhanced 
disclosure requirements, requiring CMS Providers participating in WEA 
``in part'' to disclose the extent to which enhanced geo-targeting is 
available on their network and devices at the point of sale and the 
benefits of enhanced geo-targeting at the point of sale. We believe 
these disclosures will allow consumers to make more informed choices 
about their ability to receive WEA Alert Messages that are relevant to 
them.

Notice to Current Subscribers

    A CMS provider that elects not to transmit WEA Alert Messages, in 
part or in whole, shall provide clear and conspicuous notice, which 
takes into account the needs of persons with disabilities, to existing 
subscribers of its non-election or partial election to provide Alert 
messages by means of an announcement amending the existing subscriber's 
service agreement.
    A CMS provider that elects not to transmit WEA Alert Messages, in 
part or in whole, shall use the notification language set forth in 
Sec.  10.240 (c) or (d) respectively, except that the last line of the 
notice shall reference FCC Rule 47 CFR 10.250, rather than FCC Rule 47 
CFR 10.240.
    In the case of prepaid customers, if a mailing address is 
available, the CMS provider shall provide the required notification via 
U.S. mail. If no mailing address is available, the CMS provider shall 
use any reasonable method at its disposal to alert the customer to a 
change in the terms and conditions of service and directing the 
subscriber to a voice-based notification or to a website providing the 
required notification.

Database Collection

    The Commission also seeks to extend OMB approval in connection with 
the Commission's creation of a WEA database to improve information 
transparency for emergency managers and the public regarding the extent 
to which WEA is available in their area.

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The Commission will request this information from CMS providers on a 
voluntary basis, including geographic area served and devices that are 
programmed, at point of sale, to transmit WEAs. We note that many 
participating CMS providers already provide information of this nature 
in their docketed filings. As discussed below, this database will 
remove a major roadblock to emergency managers' ability to conduct 
tests of the alerting system and enable individuals and emergency 
managers to identify the alert coverage area.
    Since ensuring consumer notice and collecting information on the 
extent of CMS providers' participation is statutorily mandated, the 
Commission requests to extend approval of this collection by OMB so 
that the Commission may continue to meet its statutory obligation under 
the WARN Act.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021-13088 Filed 6-21-21; 8:45 am]
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