[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Notices]
[Pages 50151-50152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16309]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-XXXX; FR ID 159828]


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 August 31, 
2023.

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

[[Page 50152]]

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-XXXX.
    Title: Incarcerated People's Communications Services (IPCS), 2023 
Mandatory Data Collection, WC Docket Nos. 23-62, 12-375, DA 23-638.
    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: 265 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)-4(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 716.
    Total Annual Burden: 7,950 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 and 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 and 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 and OEA drafted proposed 
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 and 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 (ECFS). The proposed template included 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 proposed instructions, template, and certification 
form would simplify compliance with, and reduce the burden of, this 
data collection.
    On April 28, 2023, WCB and OEA released the 2023 IPCS Public Notice 
seeking comment on all aspects of the proposed instructions, template, 
and certification form. See 2023 IPCS Mandatory Data Collection Public 
Notice, WC Docket Nos. 23-62, 12-375, DA 23-355 (WCB/OEA Apr. 28, 
2023), 88 FR 27850 (May 3, 2023). After considering the comments and 
reply comments filed in response to the Public Notice and the 60-Day 
Notice, WCB and OEA released an Order on July 26, 2023, adopting the 
Mandatory Data Collection, and issuing the related instructions, 
template, and certification form. See 2023 IPCS Mandatory Data 
Collection Order, WC Docket Nos. 23-62, 12-375, DA 23-638 (WCB/OEA July 
26, 2023), available at https://www.fcc.gov/document/2023-ipcs-mandatory-data-collection-order. This Order largely implements the 
proposals set forth in the Public Notice, with refinements and 
reevaluations responsive to record comments. Under the Order, IPCS 
providers will be required to submit data using a reporting template to 
be filed through ECFS in accordance with the instructions adopted by 
WCB and OEA, available for download at: https://www.fcc.gov/document/2023-ipcs-mdc-instructions. The template consists of a Word document 
(Appendix A to the instructions) for responses requiring narrative 
information, and Excel spreadsheets (Appendix B to instructions) for 
responses that require specific numbers and 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. These documents will be submitted for approval by the 
Office of Management and Budget as FCC Form 2303(a) and FCC Form 
2303(b).

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2023-16309 Filed 7-31-23; 8:45 am]
BILLING CODE 6712-01-P