[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51312-51313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16508]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0430; FR ID 158590]


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.

DATES: Written PRA comments should be submitted on or before October 2, 
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: 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.
    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: 0.75 hours (45 minutes).
    Total Annual Burden: 25,875 hours.
    Total Annual Cost: No cost.
    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

[[Page 51313]]

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 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. 2023-16508 Filed 8-2-23; 8:45 am]
BILLING CODE 6712-01-P