3060-0204 supporting statement final 10-20-08

3060-0204 supporting statement final 10-20-08.doc

Special Eligibility Showings for Authorizations in the Public Safety Pool (47 CFR 90.20(a)(2)(v) and 90.20(a)(2)(xi))

OMB: 3060-0204

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3060-0204

October 2008


SUPPORTING STATEMENT


Currently, OMB control number 3060-0204 is assigned to the information collection in section 90.20(a)(2)(v) of the Commission’s rules and OMB control number 3060-0219 is assigned to the information collection in section 90.20(a)(2)(xi) of the Commission’s rules, 47 C.F.R. §§ 90.20(a)(2)(v), (xi). Given that both collections pertain to eligibility requirements in the Public Safety Pool, the Commission requests to combine these collections under one OMB control number (3060-0204), and to eliminate OMB control number 3060-0219 if OMB approves combining the collections under 3060-0204.


I. Justification:


  1. a. Section 90.20(a)(2)(v)


Section 90.20(a)(2)(v) provides that persons claiming eligibility in the Special Emergency Radio Service on the basis of being physically handicapped must present a physician's statement indicating that they are handicapped. Submission of this information is necessary to ensure that frequencies reserved for licensing to handicapped individuals are not licensed to non-handicapped persons.


This information collection affects individuals. The personally identifiable information that it collects is covered under FCC/WTB-1, Wireless Services Licensing Records. See 71 FR 17234, 17269.


b. Section 90.20(a)(2)(xi)


Section 90.20(a)(2)(xi) is necessary to determine if communications common carrier applicants requesting frequencies for use as standby facilities for communications related to safety of life and public property is necessary for such purposes.


Specifically, Section 90.20(a)(2)(xi) states: "A communications common carrier operating communications circuits that normally carry essential communication of such a nature that their disruption would endanger life or public property is eligible to hold authorizations for standby radio facilities for the transmission of messages only during periods when the normal circuits are inoperative due to circumstances beyond the control of the user. During such periods the radio facilities may be used to transmit any communication which would be carried by the regular circuit. Initial applications for authorization to operate a standby radio facility must include a statement describing radio communication facilities desired, the proposed method of operation, a

description of the messages normally being carried, and an explanation of how their disruption will endanger life or public property."


c. Both Rules


Statutory authority for both collections of information is contained in Sections 4(i), 11,

303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. §§

154(i), 161, 303(g), 303(r), 332(c)(7).



  1. With regard to section 90.20(a)(2)(v), Commission personnel use the data to determine the eligibility of applicants to hold a radio station authorization for specific frequencies. If the information is not collected, the Commission has no way to determine eligibility. With regard to section 90.20(1)(2)(xi), Commission personnel use the information to ensure the requested private land mobile facilities are necessary for the safety of life or protection of public property.


  1. Prior to finalizing rule makings the Public Safety and Homeland Security Bureau conducts an analysis to insure that improved information technology cannot be used to reduce the burden on the public. This analysis considers the possibility of obtaining and/or computer-generating the required data from existing data bases in the Commission or other federal agencies.


  1. For both rules, this agency does not impose a similar information collection on the respondents. No other federal agency collects this data. There are no similar data available.


  1. In conformance with the Paperwork Reduction Act of 1995, the Commission is

making an effort to minimize the burden on all respondents, regardless of size. The

Commission has limited the information requirements to those absolutely necessary for evaluating and processing each application and to deter against possible abuses of the processes.


  1. This information is collected only once, upon the initial application for a license. Accordingly, there is no way to conduct the collection less frequently and still obtain the information.


  1. There are no special circumstances that would cause this information collection to be conducted in a manner inconsistent with the guidelines in 5 C.F.R. § 1320.5(d)(2).


  1. On August 4, 2008, the Commission published a notice in the Federal Register initiating a 60-day comment period for these collections. No comments were received.


  1. No payment or gift will be provided to respondents.


  1. Confidential information that individuals provide is treated as such under section 0.459 of the Commission's rules. In addition, as noted in paragraph 1.a. above, there is a system of records (FCC/WTB-1, Wireless Services Licensing Records; see 71 FR 17234, 17269) which covers the collection of personally identifiable information on these individuals as required under the Privacy Act of 1974, as amended.


  1. The Commission must collect information about the applicant’s handicap to ensure that frequencies reserved for licensing to handicapped individuals are not licensed to non-handicapped persons.


  1. a. Section 90.20(a)(2)(v)


The information is required from each affected applicant who applies for a new station license. Each affected applicant is required to obtain a simple statement from a physician attesting to their handicap. The time required of the applicant to arrange an appointment with the physician is estimated at 3 minutes per response. Approximately 20 responses are made annually, for a total of 1 burden hour per year.


No. of Responses Hrs. Per Response Annual Burden

20 3 minutes 1 hour


Estimate of annualized cost to respondents of collection:


We assume that the doctor's certification will be prepared during a visit to the office of the respondent's physician requiring a cost to respondents of $50.00.


20 responses x $50.00 =$1,000.00

b. Section 90.20(a)(2)(xi)


The information is required from each affected applicant upon initial license application. Since the applicants are communications common carriers, much of the information already resides in company manuals and will not have to be generated solely for this information collection requirement. Approximately 200 such responses are received annually, requiring an estimated 45 minutes each for a total annual burden of 150 hours.


No. of Responses Hrs. Per Response Annual Burden

200 45 minutes 150 hours


Estimate of annualized cost to respondents of collection:


We assume that the respondent would use an internal engineer to prepare the information at $40 hour.


$40 hour x 200 responses x .75 hours = $6,000.


  1. There are no capital or start-up costs or operation and maintenance and purchase of service costs anticipated.


14. Estimate of cost to Federal Government:


With regard to section 90.20(a)(2)(v):


$19.22 per hour (GS-6/5 examiner)

x .03 hours per registration

x 20 registrations per year

+ 10% overhead

$13


With regard to Section 90.20(a)(2)(xi):


$19.22 per hour (GS-6/5 examiner)

x .33 hours per report

x 200 reports per year

+ 10% overhead

$1395


15. Since the Commission is requesting OMB approval to combine under one OMB control number two collections that were previously under separate OMB control numbers there will be a program change increase in burden for OMB control number 3060-0204 to reflect this. If OMB approves this change there will be an offsetting program change decrease to reflect the elimination of OMB control number 3060-0219. Otherwise there has been no change in the burden of the individual collections.


16. No data will be published for statistical use.


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


18. There are no exceptions to the statement certifying compliance with 5 C.F.R. § 1320.9 and the related provisions of 5 C.F.R. § 1320.8(b)(3).


B. Collections of Information Employing Statistical Methods:


No statistical methods were employed for submission of information covered under this submission.

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