Sections 1.49 and 1.54, Forbearance Petition Filing Requirements

Forms and Documents

Document Name	Status
NEW_Forbearance_ss_022610.doc Supporting Statement A	2010-03-01

IC Document Collections

IC ID	Document Title	Status
191053	Sections 1.49 and 1.54, Forbearance Petition Filing Requirements	New

ICR Details

OMB Control No: 3060-1138	ICR Reference No: 200910-3060-015
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: FCC	Agency Tracking No: WCB
Title: Sections 1.49 and 1.54, Forbearance Petition Filing Requirements
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: Approved without change	Conclusion Date: 04/05/2010
	Date Received in OIRA: 03/01/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2013	36 Months From Approved
Responses	10	0	0
Time Burden (Hours)	6,400	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: Under section 10 of the Communications Act of 1934, as amended, telecommunications carriers (comprising of fixed local service providers, wireless telephony providers and interexchange carriers) may petition the Commission to forbear from applying to a telecommunications carrier any statutory provision or Commission regulation. When a carrier petitions the Commission for forbearance, section 10 requires the Commission to make three determinations with regard to the need for the challenged provision or regulation. If the Commission fails to act within one year (extended by three months, if necessary) the petition is "deemed granted" by operation of law. These determinations require complex, fact-intensive analysis, e.g., "whether forbearance from enforcing the provision or regulation will promote competitive market conditions."

---

Authorizing Statute(s): US Code: 47 USC 10 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 151, 154, 155 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 160 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 201 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 303 Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AJ31	Final or interim final rulemaking	74 FR 39219	08/06/2009

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 59538	11/18/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 6662	02/10/2010
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Sections 1.49 and 1.54, Forbearance Petition Filing Requirements

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	10	0	0	10	0	0
Annual Time Burden (Hours)	6,400	0	0	6,400	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: The Commission adopted a Report and Order, FCC 09-56, which requires tht petitions for forebearance must be "complete as filed" and explain in detail what must be included in a forbearance petition. The Commission also incorporates by reference its rule, 47 CFR 1.49, which states that the Commission's standard "specifications as to pleadings and documents."

---

Annual Cost to Federal Government: $0

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)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

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: 03/01/2010

---