3060-0723

Status: Original and derived artifacts are available for this document.

Download: doc | pdf | html

  3060-0723
 September 2009


SUPPORTING STATEMENT

This collection is being submitted to the Office of Management and Budget (OMB) to extend (no change in the reporting and/or third party disclosure requirement of an existing collection.      There is no change in the Commission’s burden estimates.   

A. Justification:

1.  Public Disclosure of Network Information by Bell Operating Companies (BOCs).  Pursuant to Section 276 (b)(1)(C) which directs the Commission to “prescribe a set of nonstructural safeguards for Bell operating company payphone service to implement the provisions of paragraphs (1) and (2) of subsection (a), which safeguards shall, at a minimum, include the nonstructural safeguards equal to those adopted in the Computer Inquiry – III (CC Docket No. 90-623) proceeding”, 47 U.S.C. Section 276 (b)(1)(C), the BOCs are required to publicly disclose changes in their networks or new network services.  

The Computer III network information disclosure requirements specifically state that the disclosure would occur at two different points in time.  First, disclosure would occur at the make/buy point: when a BOC decides to make for itself, or procure from an unaffiliated entity, any product whose design affects or relies on the network interface.  Second, a BOC would publicly disclose technical information about a new service 12 months before it is introduced.  If the BOC could introduce the service within 12 months of the make/buy point, it would make a public disclosure at the make/buy point.  In no event, however, would the public disclosure occur less than six months before the introduction of the service.  

Without provision of these reports, the industry would be unable to ascertain whether the BOCs designing new network services or changing network technical specifications are to the advantage of their own payphones, or might disadvantage BOC payphone competitors.

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

This submission is being made pursuant to authority contained in sections:  47 U.S.C. section 276.

2.  The information required by the Public Disclosure of Network Information by BOCs must be provided to third parties.  All of the requirements would be used to ensure that BOCs comply with their obligations under the 1996 Act.

3.  Generally, there is no improved technology identified by the Commission to reduce the burden of this collection.  However, the Commission does not prohibit the use of improved technology where appropriate.

4.  There is no duplication of information.  In most instances, the information sought is unique to each carrier.

5.  The collection of information will not significantly impact on small businesses or other small entities.

6.  Failing to collect the information, or collecting it less frequently, would violate the language and/or intent of the 1996 Act to “promote competition among payphone service providers and promote the widespread deployment of payphone services to the benefit of the general public.”  47 U.S.C. Section 276.

	7.  This is a third party disclosure.  Generally, FCC requirements do not impose any obligations that would require parties to report information to the FCC more often than quarterly, nor will requirements impose any other special circumstances.

	8.  Pursuant to 5 CFR 1320.8, the Commission published  a notice in the Federal Register soliciting public comment on this information collection.  See 74 FR 37225, dated July 28, 2009.  No comments were received.

	9.  The Commission does not anticipate providing any payment or gift to respondents.

	10.  The Commission is not requesting respondents to submit confidential information to the Commission.  If the Commission requests respondents to submit information which respondents believe is confidential, respondents may request confidential treatment of such information under section 0.459 of the Commission’s rules.

	11.  There are no questions of a sensitive nature with respect to the information collected.

	12.  The following represents the estimate of hour burden of the collection of information:
		1. Number of respondents: 3.
		2. Frequency of response: On occasion reporting requirement and third party disclosure requirement.
		3. Annual burden per respondent:  120 hours.  Total annual hour burden of 360 hours.
		4.  Total estimate of annualized cost to respondents for the hour burdens for collection of information: $12,000.
		5.  Explanation of calculation:  We estimate that this obligation will take approximately 50 hours of clerical time at $10 per hour and 70 hours of professional time at $50 per hour, and will occur occasionally for 3 respondents.  3 (number of respondents) x 1 (number of submissions required) x 70 (hours of professional time) x $50 = $10,500 + 3 (number of respondents) x 1 (number of submissions required) x 50 (hours of clerical time) x $10 = $1,500.  Total annual cost = $10,500 + 1,500 = $12,000.

	13.  The following represents the Commission’s estimate of the annual cost burden to respondents resulting from the collection if information:  (a) total capital and start-up cost component:  $0.00; (b) total operation and maintenance and purchase of services: $0.00.

	14.  There is no cost to the Federal government.

	15. A change in burden is not requested.  

	16.  Not applicable.  The Commission does not anticipate that it will publish the results of these collections of information.

	17.  Not applicable.  The Commission does not intend to seek approval not to display the expiration date for OMB approval of the information collections.

	18.  Not applicable. No exceptions are being requested.

B.  Collections of information Employing Statistical Methods:
		
		Not applicable.