[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77315-77317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24753]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-1222; FR ID 183730]


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 December 11, 
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/

[[Page 77316]]

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: 3060-1222.
    Title: Inmate Calling Services (ICS) Provider Annual Reporting, 
Certification, and Other Requirements, WC Docket Nos. 23-62, 12-375, DA 
23-656.
    Form Number(s): FCC Form 2301(a) and FCC Form 2301(b).
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 30 respondents; 33 responses.
    Estimated Time per Response: 5-1,200 hours.
    Frequency of Response: Annual reporting and certification 
requirements, third party disclosure and waiver request requirements.
    Obligation to Respond: Mandatory. 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 Just and Reasonable Communications Act of 2022, Public Law 
117-338, 136 Stat. 6156.
    Total Annual Burden: 6,690 hours.
    Total Annual Cost: No cost.
    Needs and Uses: In 2015, the Commission released the Second Report 
and Order and Third Notice of Further Proposed Rulemaking, WC Docket 
No. 12-375, 30 FCC Rcd 12763 (2015 ICS Order), in which it required 
that inmate calling services (ICS) providers file Annual Reports 
providing data and other information on their ICS operations, as well 
as Annual Certifications that reported data are complete and accurate 
and comply with the Commission's ICS rules. Pursuant to the authority 
delegated it by the Commission in the 2015 ICS Order, the Wireline 
Competition Bureau (WCB) created a standardized reporting template (FCC 
Form No. 2301(a)) and a related certification of accuracy (FCC Form No. 
2301(b)), as well as instructions to guide providers through the 
reporting process. See ICS Annual Reporting Form Word Template 
(Current), WC Docket No. 12-375 https://www.fcc.gov/general/ics-data-collections (last visited October 26, 2023) (Word Template); ICS Annual 
Reporting Form Excel Template (Current), WC Docket No. 12-375, https://www.fcc.gov/general/ics-data-collections (last visited October 26, 
2023) (Excel Template); ICS Annual Reporting and Certification 
Instructions (Current), WC Docket No. 12-375 https://www.fcc.gov/general/ics-data-collections (last visited October 26, 2023) 
(Instructions) (Certification Instructions); ICS Annual Report 
Certification Form (Current), WC Docket No. 12-375, https://www.fcc.gov/general/ics-data-collections (last visited October 26, 
2023) (Certification Form).
    In 2021, the Commission released the Third Report and Order, Order 
on Reconsideration, and Fifth Further Notice of Proposed Rulemaking WC 
Docket No. 12-375, 36 FCC Rcd 9519 (2021). The Commission revised its 
rules by adopting, among other things, lower interim rate caps for 
interstate calls, new interim rate caps for international calls, and a 
new rate cap structure that requires ICS providers to differentiate 
between legally mandated and contractually required site commissions. 
The revisions also included expanded consumer disclosure requirements, 
as well as new reporting requirements for providers seeking waivers of 
the Commission's interstate and international rates.
    In 2022, the Commission released the Fourth Report and Order and 
Sixth Further Notice of Proposed Rulemaking, WC Docket No. 12-375, FCC 
22-76 (Sept. 30, 2022). The Commission adopted numerous requirements to 
improve access to communications services for incarcerated people with 
communication disabilities and expanded the scope of the Annual Reports 
to reflect these new requirements. Pursuant to section 64.6040(c), the 
Commission required, among other things, that, as part of its 
obligation to provide access to telecommunications relay services 
(TRS), when an incarcerated person who has individually registered to 
use video relay service (VRS), internet protocol (IP) Relay, or 
internet protocol captioned telephone service (IP CTS) is released from 
incarceration or transferred to another correctional facility, the ICS 
provider must notify the TRS provider(s) with which the incarcerated 
person has registered. Under sections 64.6060(a)(5)-(7), the Commission 
amended the annual reporting and certification requirement to include, 
among other things, that ICS providers report, for each facility 
served, the types of TRS that can be accessed from the facility and the 
number of completed calls and complaints for TTY-to-TTY calls, American 
Sign Language (SL) point-to-point video calls, and each type of TRS for 
which access is provided.
    On January 5, 2023, the President signed into law the Martha 
Wright-Reed Just and Reasonable Communications Act of 2022, Public Law 
117-338, 136 Stat. 6156 (the Martha Wright-Reed Act or the Act), 
expanding the Commission's statutory authority over communications 
services between incarcerated people and the non-incarcerated to 
include ``any audio or video communications service used by inmates . . 
. regardless of the technology used.'' The new Act also amends section 
2(b) of the Communications Act of 1934, as amended (the Communications 
Act) to make clear that the Commission's authority 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

[[Page 77317]]

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 also 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.
    On March 17, 2023, pursuant to the directive that the Commission 
implement the new Act and establish just and reasonable rates for 
incarcerated people's communications services (IPCS), the Commission 
released 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 (2023 IPCS Notice) and 88 FR 19001 
(Order) (2023 IPCS Order). The Commission sought comment on how to 
interpret the Act's language to ensure that the Commission implements 
the statute in a manner that fulfills Congress's intent. Because the 
Commission is now required or allowed to consider certain types of 
costs, the Act contemplates that it would undertake an additional data 
collection. To ensure that it has the data necessary to meet its 
substantive and procedural responsibilities under the Act, the 
Commission adopted the 2023 IPCS Order delegating authority to WCB and 
the Office of Economics and Analytics (OEA) to modify the template and 
instructions for the most recent data collection to the extent 
appropriate to timely collect such information to cover the additional 
services and providers now subject to the Commission's authority. On 
April 28, 2023, WCB and OEA issued a Public Notice seeking comment on 
all aspects of the proposed data collection. WCB and OEA Seek Comment 
on Proposed 2023 Mandatory Data Collection for Incarcerated People's 
Communication Services, WC Docket Nos. 23-62, 12-375, Public Notice, DA 
23-355 (WCB/OEA Apr. 28, 2023). On July 26, 2023, WCB and OEA released 
an Order adopting instructions, a reporting template, and a 
certification form to implement the 2023 Mandatory Data Collection. 
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, Order, DA 23-638 (July 26, 2023). In the 
2023 IPCS Order, the Commission also reaffirmed and updated its prior 
delegation of authority to WCB and the Consumer and Governmental 
Affairs Bureau (CGB) (collectively, the Bureaus) to revise the 
instructions and reporting templates for the Annual Reports. 
Specifically, the Commission delegated to the Bureaus the authority to 
modify, supplement, and update the instructions and templates for the 
Annual Reports.
    On August 3, 2023, the Bureaus issued a Public Notice seeking 
comment on proposed revisions to the instructions, template, and 
certification form for the Annual Reports, https://www.fcc.gov/proposed-2023-ipcs-annual-reports, which are necessary to reflect the 
revised rules improving access to communications services for 
incarcerated people with communication disabilities adopted in the 2022 
ICS Order and to help implement the Martha Wright-Reed Act to ensure 
just and reasonable rates for consumers and fair compensation for 
providers. Wireline Competition Bureau and Consumer and Governmental 
Affairs Bureau Seek Comment on Revisions to IPCS Providers' Annual 
Reporting and Certification Requirements, Public Notice, WC Docket Nos. 
23-62, 12-375, DA 23-656 (Aug. 3, 2023). https://www.fcc.gov/document/2023-incarcerated-peoples-communications-services-annual-reports-pn. 
Notice of this document was published in the Federal Register on August 
10, 2023 (88 FR 54318 Aug. 10, 2023).
    The Bureaus have not yet issued an Order adopting revisions to the 
instructions, template, and certification form for the Annual Reports. 
It is necessary, however, for the Commission to effectuate the improved 
access to communications services for incarcerated people with 
communication disabilities required by section 64.6040(c). 
Consequently, we are dividing the information requirements and burdens 
of this collection between two submissions to the Office of Management 
and Budget (OMB). In the instant submission, we seek OMB approval for 
the new information requirements in section 64.6040(c), which improve 
access to communications services for incarcerated people with 
communications disabilities by expanding the rules for advanced TRS. 
Upon release of an Order adopting revisions to the instructions, 
template, and certification form for the Annual Reports, we will make a 
second submission to OMB, seeking approval of any revised information 
requirements adopted in that Order, as well as the new requirements in 
section 64.6060(a)(5)-(7), which expands the rule requiring the filing 
of Annual Reports to include additional data related to access to 
communications services for incarcerated people with communications 
disabilities.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023-24753 Filed 11-8-23; 8:45 am]
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