[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Notices]
[Pages 27885-27886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09501]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-XXXX; FR ID 139745]


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 (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 July 3, 
2023. 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-XXXX.
    Title: Incarcerated People's Communications Services (IPCS) 2023 
Mandatory Data Collection, WC Docket Nos. 23-62, 12-375, FCC 23-19.
    Form Number(s): FCC Form 2303(a) and FCC Form 2303(b).
    Type of Review: New collection.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 30 respondents; 30 responses.
    Estimated Time per Response: 230 hours.
    Frequency of Response: One-time reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
sections 1, 2, 4(i)-(j), 5(c), 201(b), 218, 220, 225, 255, 276, 403, 
and 716 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
152,154(i)-(j), 155(c), 201(b), 218, 220, 225, 255, 276, 403, and 617, 
and the Martha Wright-Reed Act, Public Law 117-338, 136 Stat. 6156 
(2022).
    Total Annual Burden: 6,900 hours.
    Total Annual Cost: No cost.
    Needs and Uses: On March 17, 2023, the Commission released the 
Incarcerated People's Communications Services; Implementation of the 
Martha Wright-Reed Act; Rates for Interstate Inmate Calling Services, 
WC Docket Nos. 23-62, 12-375, Notice of Proposed Rulemaking and Order, 
FCC 23-19, 88 FR 20804 (Notice of Proposed Rule Making) and 88 FR 19001 
(Order), in which it began the process of implementing the Martha 
Wright-Reed Just and Reasonable Communications Act of 2022, Public Law 
117-338, 136 Stat. 6156 (the Act). The Act expands the Commission's 
statutory authority to encompass ``any audio or video communications 
service used by inmates . . . regardless of technology used.'' The Act 
also amends section 2(b) of the Communications Act of 1934, as amended 
to make clear that the Commission's jurisdiction extends to intrastate 
as well as interstate and international communications services used by 
incarcerated people.
    The Act directs the Commission to ``promulgate any regulations 
necessary to implement'' the statutory provisions, including its 
mandate that the Commission establish a ``compensation plan'' ensuring 
that all rates and charges for IPCS ``are just and reasonable,'' not 
earlier than 18 months and not later than 24 months after its January 
5, 2023 enactment. The Act also requires the Commission to consider, as 
part of its implementation, the costs of ``necessary'' safety and 
security measures, as well as ``differences in costs'' based on 
facility size, or ``other characteristics.'' It allows the Commission 
to ``use industry-wide average costs of telephone service and advanced 
communications services and the average costs of service of a 
communications service provider'' in determining just and reasonable 
rates.
    To ensure that it has the data needed to meet its substantive and 
procedural responsibilities under the Act, the Commission delegated to 
the Wireline Competition Bureau (WCB) and the Office of Economics and 
Analytics (OEA) (collectively, WCB/OEA) authority to ``update and 
restructure'' the Commission's latest mandatory data collection, the 
Third Mandatory Data Collection (OMB Control No. 3060-1300, Inmate 
Calling Services (ICS) 2022 One-Time Mandatory Data Collection), ``as 
appropriate in light of the requirements of the new statute.'' This 
delegation requires WCB/OEA to collect ``data on all incarcerated 
people's communications services from all providers of those services 
now subject to'' the Commission's expanded ratemaking authority, 
including, but not limited to, requesting ``more recent data for 
additional years not covered by the most recent data collection.''
    Pursuant to their delegated authority, WCB/OEA drafted proposed

[[Page 27886]]

instructions, a template, and a certification form for the proposed 
2023 Mandatory Data Collection. See 2023 IPCS Mandatory Data 
Collection--Proposed Instructions, available for download at https://www.fcc.gov/document/2023-ipcs-mandatory-data-collection-proposed-instructions. Under WCB/OEA's proposals, IPCS providers would be 
required to submit the required data using a reporting template that 
would be filed through the Commission's electronic comment filing 
system. The proposed template consists of a Word document (Appendix A 
to the instructions) for responses requiring narrative information and 
Excel spreadsheets (Appendix B to the instructions) for responses that 
require specific numbers or information. IPCS providers would also be 
required to submit an audited financial statement or report for 2022, 
and a signed certification of truthfulness, accuracy, and completeness. 
The instructions, template, and certification form would simplify 
compliance with, and reduce the burden of, this data collection. These 
proposed documents will be submitted to the Office of Management and 
Budget as FCC Form 2303(a) and FCC Form 2303(b).
    On April 28, 2023, WCB/OEA released a Public Notice seeking comment 
on all aspects of the proposed instructions, template, and 
certification form. See Proposed 2023 IPCS Mandatory Data Collection 
Public Notice, available for download at https://www.fcc.gov/document/proposed-2023-ipcs-mandatory-data-collection-public-notice. WCB/OEA 
will consider comments submitted in response to both the Public Notice 
and this notice in finalizing the proposed data collection prior to 
submitting the documents to the Office of Management and Budget.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2023-09501 Filed 5-2-23; 8:45 am]
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