Part 8, Disclosure of Network Management Practices - NPRM

Forms and Documents

Document Name	Status
NEW_OpenInternet_AppendicesBCDNotes_113009.doc Supplementary Document	2009-11-30
NEW_OpenInterne_AppendixD_113009.xls Supplementary Document	2009-11-30
NEW_OpenInternet_AppendixC_113009.xls Supplementary Document	2009-11-30
NEW_OpenInternet_AppendixB_113009.xls Supplementary Document	2009-11-30
NEW_OpenInternet_AppendixA_113009.doc Supplementary Document	2009-11-30
NEW_OpenInternet_ss_113009.doc Supporting Statement A	2009-11-30

IC Document Collections

IC ID	Document Title	Status
191082	Part 8, Disclosure of Network Management Practices	New
191081	Part 8, Disclosure of Network Management Practices	New

ICR Details

OMB Control No: 3060-1236	ICR Reference No: 200910-3060-017
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: FCC	Agency Tracking No: WCB
Title: Part 8, Disclosure of Network Management Practices - NPRM
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: Comment filed on proposed rule	Conclusion Date: 01/13/2010
	Date Received in OIRA: 11/30/2009
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Resubmit when proposed rule is finalized.

	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: On October 22, 2009, the Commission adopted a Notice of Proposed Rulemaking (NPRM) proposing rules to govern the conduct of broadband Internet access service providers. Specifically, a provider of broadband Internet access must disclosure such information concerning network management and other practices as is reasonably required for users and content, application, and service providers to enjoy the protections specified in the NPRM.

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Authorizing Statute(s): US Code: 47 USC 706 Name of Law: Telecommunications Act of 1996
   US Code: 47 USC 151, 152, 154(i)-(j), 201(b). Name of Law: Telecommunications Act of 1996
   US Code: 47 USC 230, 257, 303(r), 503, 1302 Name of Law: Telecommunications Act of 1996
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AJ30	Proposed rulemaking	74 FR 62638	11/30/2009

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Part 8, Disclosure of Network Management Practices
Part 8, Disclosure of Network Management Practices

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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 collection resulting in a program change increase of an estimated 546,840 hours and $4,687,200 in annual costs. This information is necessary because if a broadband Internet access service provider did not disclose its network management practices, individual users would not have sufficient information to create a functioning market for broadband Internet access service, content, application, and service providers would not have the technical information needed to innovate on the Internet in the most efficient manner, and the Commission would be disabled from overseeing compliance with the other rules proposed in the NPRM.

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Annual Cost to Federal Government: $208,815

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

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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: 11/30/2009

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