1059_ss_010308

3060-1059

January 2008

SUPPORTING STATEMENT

A. Justification:

1. The Federal Communications Commission ("Commission") is requesting a three-year extension of the information collection titled, “Global Mobile Personal Communications by Satellite (GMPCS)/E911 Call Centers,” under OMB Control No. 3060-1059. There are no changes in the number of annual respondents, annual burden hours and annual costs.

(Note: Item # 14 was updated to reflect the current hourly salaries for Federal government staff in the Washington, DC metropolitan area. However, this minor change does not impact the annual costs for this information collection).

Rulemaking

On August 25, 2004, the Commission released a Second Report and Order titled, "Revision of the Commission’s Rules to Ensure Compatibility With Enhanced 911 Emergency Calling Systems; Amendment of Parts 2 and 25 to Implement the Global Mobile Personal Communications by Satellite (GMPCS) Memorandum of Understanding and Arrangements; Petition of the National Telecommunications and Information Administration (NTIA) to Amend Part 25 of the Commission’s Rules to Establish Emissions Limits for Mobile and Portable Earth Stations Operating in the 1610-1660.5 MHz Band," CC Docket No. 94-102; IB Docket No.

99-67, FCC 04-201. (This rulemaking is hereinafter referred to as the “E911 Scope Second R&O”).

Reporting Requirements

On March 2, 2004, the Commission obtained approval from the OMB for the one-time filing of the Pre-Implementation Status Reports and annual filing of the Post-Implementation Status Reports under Control Number 3060-1059. The reports are discussed briefly below.

1. Pre-Implementation Status Reports

The Commission adopted a final rule in the E911 Scope Second R&O requiring MSS carriers to file pre-implementation status reports concerning their respective plans to deploy emergency call centers one-time only. The pre-implementation status reports included the following information: (a) carrier identification information, including the person or persons filing the report and contact information; (b) a description of the carrier's coverage area; (c) basic call center information, including location and plans for routing emergency calls to Public Safety Answering Points (PSAPs); (d) a description of how the call center features will be communicated to customers; and (e) an indication of any problems that the carrier has experienced in organizing its call center.

On October 12, 2004, five MSS carriers filed the reports (one-time only filing) with the Commission. On February 3, 2005, the OMB approved a revision of this information collection to remove the annual burden and costs associated with the pre-implementation status reports.

2. Post-Implementation Status Reports

During the NPRM stage of the rulemaking, the Commission proposed that MSS carriers submit annual reports to the Commission post-call center deployment. In the E911 Scope Second R&O, the Commission concluded that MSS carriers that operate in the 1.6/2.4 GHz and 2 GHz bands must file annual reports with the Commission beginning October 15, 2005. Those MSS carriers that operate in other bands (e.g., L-band) will submit their first annual report on June 30, 2006. The October 15 and June 30 dates coincide with the dates that satellite licensees must file their annual licensee reports pursuant to Sections 25.143(e) and 25.210(l) (See 47 C.F.R. §§ 25.143(e), 25.210(l)). The reports will include carrier and call center contact information, the aggregate number of calls received by the call center each month during the relevant reporting period, and the number of those calls that required forwarding to a PSAP. The MSS carriers' filing of post-implementation status reports with the Commission annually will help the Commission to monitor compliance with the call center requirement and determine whether modification to the requirement is warranted.

3. Mandatory Electronic Filing

On February 3, 2005, the Commission obtained OMB approval for mandatory electronic filing of post-implementation reports. The reports are due to the Commission annually beginning on October 15, 2005.

The Commission has authority for this information collection pursuant to Sections 1, 4(i), 7, 10, 201, 202, 208, 214, 222(d)(4)(A)-(C), 222(f), 222(g), 222(h)(1)(A), 222(h)(4)-(5), 251(e)(3), 301, 303, 308 and 310 of the Communications Act of 1934, as amended; 47 U.S.C. Sections 151, 154(i), 157, 160, 201, 202, 208, 214, 222(d)(4)(A)-(C), 222(f), 222(g), 222(h)(1)(A), 222(h)(4)-(5), 251(e)(3), 301, 303, 308 and 310.

As noted on the OMB Form 83-I, this information collection does not affect individuals or households; thus, there are no impacts under the Privacy Act.

2. The information collections that result from the E911 Scope Second R&O are used by the Commission under its authority to license commercial satellite services in the United States. Without the collection of information that would result from these rules, the Commission would not be able to monitor the MSS carriers’ establishment of call centers which are essential to provide emergency services, such as handling emergency 911 telephone calls from American citizens. The recordkeeping and reporting requirements include data on MSS call center use such as the aggregate number of calls that the call centers receive and the number of calls that required forwarding to a local PSAP. The Commission will use this data to monitor compliance with the call center requirement and track usage trends. Such information would be useful to the Commission in considering whether FCC rules require modification to accommodate the changing market.

3. The OMB approved the mandatory electronic filing of annual post-implementation status reports. This Supporting Statement reflects that 100 percent of documents are filed with the Commission electronically.

4. The information in this collection is not duplicated elsewhere and similar information is not available.

5. The Commission sought comment from the public on the potential impact of the Commission’s rules on small entities during the NPRM stage of the rulemaking process.

Small businesses are not likely to have the financial ability to become MSS system operators because of the high implementation costs, including construction of satellite space stations and rocket launch, associated with satellite systems and services. The Commission requested comment on the number and identity of small entities that would be significantly impacted by the rule changes. Furthermore, the agency sought comment on whether the rules would have a disproportionate impact on small entities. Additionally, the Commission sought comment generally on steps that it can take to ensure that small entities are not disproportionately impacted, if any such steps are necessary. The agency did not receive comments from the public that indicated that the rule changes would adversely impact small entities.

6. The rules require that MSS carriers file a post-implementation report with the Commission annually. Without the collection of information, the Commission would not be able to confirm the MSS carriers' compliance with the call center rules. Additionally, the agency would not have data on MSS call center use in order to determine whether the Commission should modify its rules to accommodate the current market.

7. The collection of information will not be conducted in any manner known to be inconsistent with the guidelines stipulated in 5 C.F.R. 1320.6.

8. On October 25, 2007, the Commission published a 60-day notice in the Federal Register

(FR Cite 72 FR 60669) to solicit comments from the public on the extension of this information collection. The comment period ended on December 24, 2007. No comments were received from the public. A copy of the notice is included in this submission to the OMB.

9. The Commission will not provide any payment or gift to respondents for fulfilling their information collection requirements.

10. The Commission does not provide assurances of confidentiality to entities submitting their filings to the Commission. However, entities may request confidential treatment of their applications and filings under 47 C.F.R. 0.459 of the Commission's rules. With regard to certifications filed pursuant to Part 2 of the Commission's rules, parties receive minimal exemption from the Freedom of Information Act (FOIA).

11. The collection does not ask questions of a sensitive nature.

12. The Commission estimates that there are approximately 25 respondents, which include MSS carriers and earth station licensees. The estimated time per response is one (1) hour for the annual post-implementation status reports.

• Annual Post-Implementation Reports: 1 hour X 25 respondents = 25 responses –

A total of 25 responses per year.

13. The costs for outside legal/engineering consultants are as follows:

• Annual Post-Implementation Reports: $200 per response for outside legal/engineering consultants X 25 affected entities X 1 hour per report = $5,000 per year.

14. It is estimated that a maximum of two attorneys and two analysts will be involved in the review and processing of an average of 25 submissions of recordkeeping and reporting data per year. It is estimated that the attorneys will spend two hours reviewing each report and the

analysts will spend one hour reviewing each report. A breakdown of costs to the agency is as follows:

Federal Government	Hourly Salary	Two Staff	Hours to Review	Annual	Total
Staff	(Step 5)	Members	Each Submission	Hours	Salary
(2) GS-14/Step 5 Attorneys	$50.95	2	2	50	$10,190.00
(2) GS-11/Step 5 Analyst	$30.25	2	1	25	$1,512.50
					$11,702.50

15. There are no program changes or adjustments in this Supporting Statement.

16. The data will not be published for statistical use.

17. We do not seek approval to not display the expiration date of OMB approval of the collection.

18. There are no exceptions to this certification statement.

B. Collections of Information Employing Statistical Methods:

No statistical methods are employed.

ATTACHMENT

OMB Control No. 3060-1059

FINAL RULES

Part 25 of Chapter I of Title 47 of the Code of Federal Regulations are amended as follows:

1. Redesignate § 25.284 as § 25.284(a), and add new paragraph (b), to read as follows:

§25.284 Emergency Call Center Service.

(a) * * *

(b) Beginning February 11, 2005, each mobile satellite service carrier that is subject to the provisions of subsection (a) must maintain records of all 911 calls received at its emergency call center. Beginning October 15, 2005, and on each following October 15, mobile satellite service carriers providing service in the 1.6/2.4 GHz and 2 GHz bands must submit a report to the Commission regarding their call center data, current as of September 30 of that year. Beginning June 30, 2006, and on each following June 30, mobile satellite service carriers providing service in bands other than 1.6/2.4 GHz and 2 GHz must submit a report to the Commission regarding their call center data, current as of May 31 of that year. These reports must include, at a minimum, the following:

(1) The name and address of the carrier, the address of the carrier’s emergency call center, and emergency call center contact information;

(2) The aggregate number of calls received by the call center each month during the relevant reporting period;

(3) An indication of how many calls received by the call center each month during the relevant reporting period required forwarding to a public safety answering point and how many did not require forwarding to a public safety answering point.

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