Sections 76.970, 76.971, 76.972, 76.975 and 76.978, Commercial Leased Access

Forms and Documents

Document Name	Status
Explanation Document for the Extension Filing Date for 2008 Annual Leased Access Report.doc Supplementary Document	2008-05-01
Extension Order for Leased Access.pdf Supplementary Document	2008-05-01
Supporting_Statement_OMB_3060-0568_(final2)_2008[1].doc Supporting Statement A	2008-04-28

IC Document Collections

IC ID	Document Title	Status
44966	Petitions for Relief	Removed
44965	Accountant Leased Access Reviews	Removed
44964	Third party billing	Removed
44963	Commercial Leased Access	Modified
30385	Commercial Leased Access	Modified

ICR Details

OMB Control No: 3060-0568	ICR Reference No: 200804-3060-012
Status: Historical Inactive	Previous ICR Reference No: 200608-3060-004
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Sections 76.970, 76.971, 76.972, 76.975 and 76.978, Commercial Leased Access
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Disapproved and continue	Conclusion Date: 07/09/2008
	Date Received in OIRA: 04/28/2008
Terms of Clearance: For the reasons provided below, OMB disapproves the requested revision to this information collection. OMB’s approval of the existing information collection (without revision) remains in effect. The expiration date of OMB’s approval of the existing information collection is unaffected by this action, and remains 10/31/2009. Per 5 CFR 1320(5)(d)(1), 5 CFR 1320(5)(d)(2), and section 3506(c)(3) of the Paperwork Reduction Act, the Federal Communications Commission (FCC) has not: •demonstrated the need for reducing the timeframe operators have to provide information to potential programmers from 15 days to three in accordance with the information collection in Section 76.972(b) of the associated rulemaking; •demonstrated they have taken reasonable steps to minimize the burden on respondents who will be required to hire new staff in order to maintain the capacity to comply with the reduced deadline for leased access requests in accordance with the information collection in Section 76.972(b) of the associated rulemaking; •demonstrated there are reasonable mechanisms in place to protect proprietary and confidential information respondents will be required to provide potential programmers, regardless of the legitimacy of the request, in accordance with the information collection in Section 76.972(b) of the associated rulemaking; •demonstrated the practical utility and need for an increased number of non-bona fide inquiries to respondents and the inherent paperwork burden, due to the reduced pricing, in accordance with the information collection in Section 76.972(b) of the associated rulemaking; and •demonstrated they have taken reasonable steps to minimize the burden on respondents, who due to reduced pricing, will be required to hire new staff in order to maintain the capacity to respond to an increased number of inquiries in accordance with the information collection in Section 76.972(b) of the associated rulemaking.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2009	36 Months From Approved	10/31/2009
Responses	11,973	0	11,973
Time Burden (Hours)	59,686	0	59,686
Cost Burden (Dollars)	73,994	0	73,994

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Abstract: On February 1, 2008, the Commission released a Report and Order and Further Notice of Proposed Rulemaking, In the Matter of Leased Commercial Access, MB Docket No. 07-42, FCC 07-208. In this Report and Order, the Commission modifies the leased access rate formula; adopts more extensive customer service obligations; eliminates the requirement for an independent accountant to review leased access rates; requires annual reporting of leased access information; and expands the discovery process.

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Authorizing Statute(s): US Code: 47 USC 154(i) Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 612 Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AI95	Final or interim final rulemaking	73 FR 10675	02/28/2008

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 8315	02/13/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 22945	04/28/2008
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
Third party billing
Petitions for Relief
Accountant Leased Access Reviews
Commercial Leased Access
Commercial Leased Access

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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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: As a result of the Commission’s final rule released February 1, 2008, FCC 07-208, and the consolidation of collections 3060-0569 into 3060-0568, we have revised the annual burden hour and cost for this information collection. The requirements adopted in the final rule add a program change to the total annual burden hours of +113,924 and annual cost of +31,006. The consolidation resulted in a program change instead of an adjustment since the requirements for the rules that were consolidated into 3060-0568 from 3060-0569 were revised. The Commission also removed three ICs that were previously apart of this information collection due to the collection only having two affected public respondent parties (businesses or other for-profit and state, local or tribal government); therefore, this collection only requires two ICs instead of five ICs.

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Annual Cost to Federal Government: $131,350

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: 04/28/2008

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