Information Collection Regarding Emergency Backup Power for Communications Assets as Set Forth in the Commission's Rules (47 CFR 12.2)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
BPR PRA Supporting Statement FINAL 09-03-2008.doc	Supporting Statement A	Uploaded 2008-09-03	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
183831	Section 12.2(c)(4) Certified Compliance Plan Report		New
183830	Section 12.2(c)(1)-(3) Inventory Report		New

ICR Details

OMB Control No:	ICR Reference No: 200802-3060-019
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: FCC	Agency Tracking No: PSHSB
Title: Information Collection Regarding Emergency Backup Power for Communications Assets as Set Forth in the Commission's Rules (47 CFR 12.2)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Disapproved	Conclusion Date: 11/28/2008
	Date Received in OIRA: 09/09/2008
Terms of Clearance: For the reasons provided below, the Office of Management and Budget disapproves the request to initiate this information collection: •The Federal Communications Commission (FCC) did not, as required by law under section 3507(a) of the Paperwork Reduction Act (PRA), seek and evaluate public comment on this reporting requirement in advance of the adoption of the collection of information. Additionally the FCC has not: •per section 3506(c)(3)(A) of the PRA and 5 CFR 1320(5)(d)(1), demonstrated the practical utility of the information collected given--it is subject to potential change before the FCC can process it, the expected volume of submitted reports, the size of the staff assigned to analyze the information, and the non-standardized format the information will be submitted in; •per section 3506(c)(3)(C) of the PRA, demonstrated a reasonable effort has been made to reduce to the extent practical the burden placed on respondents due to a lack of sufficient clarify on how respondents are to satisfy compliance with this collection; and •per section 3506(c)(3)(H) of the PRA, demonstrated, given the minimal staff assigned to analyze and process this information, that the collection has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information collected.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Commission adopted a rule requiring certain local exchange carriers (LECs) and commercial mobile radio service (CMRS) providers to have emergency backup power for assets necessary to maintain communications that are normally powered from local commercial power, including those inside central offices, cell sites, remote switches and digital loop carrier system remote terminals. Those LECs and CMRS providers must maintain emergency backup power for a minimum of twenty-four hours for assets that are located inside central offices and eight hours for assets at other locations. LECs and CMRS providers are not required to meet the back-up power requirement if they demonstrate, through a reporting requirement, that compliance is precluded by: (1) federal, state, tribal or local law; (2) risk to safety of life or health; or (3) private legal obligation or agreement. LECs and CMRS providers must file a report with the Commission that includes a list of: (1) each asset that was designed to comply with the backup power mandate; (2) each asset where compliance is precluded due to risk to safety or life or health; (3) each asset where compliance is precluded by private legal obligation or agreement; (4) each asset where compliance is precluded by Federal, state, tribal or local law; and (5) each asset designed with less than the required emergency backup power capacity that is not precluded from compliance for the reasons stated in (2) – (4), above. LECs and CMRS providers must file these reports within six months of the effective date of the backup power rule, and must include a description of facts supporting the basis of the LEC’s or CMRS provider’s claim of preclusion from compliance. LECs and CMRS providers that do not meet the preclusion criteria and are not in compliance with the backup power rule must file a certified emergency backup power compliance plan within twelve months of the effective date of the backup power rule.

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Authorizing Statute(s): US Code: 47 USC 154(i) Name of Law: null
   US Code: 47 USC 218 Name of Law: null
   US Code: 47 USC 303(r) Name of Law: null
   US Code: 47 USC 151 Name of Law: null
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AI78	Final or interim final rulemaking	72 FR 57879	10/11/2007

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 64221	11/15/2007
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 52354	09/09/2008
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
Section 12.2(c)(4) Certified Compliance Plan Report
Section 12.2(c)(1)-(3) Inventory Report

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new one-time information collection associated with the Federal Communications Commission's emergency backup power rule (47 CFR 12.2), which was adopted in an Order (FCC 07-107) and revised in an Order on Reconsideration (FCC 07-177). The information collection requires that within six months of the effective date of the backup power rule certain local exchange carriers (LECs) and commercial mobile radio service (CMRS) providers file reports that demonstrate that they are either in compliance with the backup power rule or meet the compliance preclusion criteria set forth in the rule. LECs and CMRS providers that do not meet the preclusion criteria, are not otherwise exempt, and are not in compliance with the backup power rule must file a certified emergency backup power compliance plan within twelve months of the effective date of the rule.

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Annual Cost to Federal Government: $79,680

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/09/2008

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