Procedures for Formal Complaints

Forms and Documents

Document Name	Status
Form FCC Form 485 Procedures for Formal Complaints Form and Instruction	Modified
0411_2nd R&O_WT 05-265 FCC 11-52 FRN_050611.pdf Supplementary Document	2011-07-25
0411ss_072511 final.doc Supporting Statement A	2011-07-25

IC Document Collections

IC ID	Document Title	Status
30107	Procedures for Formal Complaints Form and Instruction	Modified
198530	Procedures for Formal Complaints	New
192737	Procedures for Formal Complaints	Modified
192736	Procedures for Formal Complaints	Modified

ICR Details

OMB Control No: 3060-0411	ICR Reference No: 201107-3060-016
Status: Historical Active	Previous ICR Reference No: 201003-3060-015
Agency/Subagency: FCC	Agency Tracking No: WTB
Title: Procedures for Formal Complaints
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/07/2011
	Date Received in OIRA: 07/26/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2014	36 Months From Approved	05/31/2013
Responses	301	0	222
Time Burden (Hours)	1,350	0	1,000
Cost Burden (Dollars)	1,847,600	0	1,361,600

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Abstract: Sections 206 to 209 of the Communications Act of 1934, as amended, provide the statutory framework for the Commission's rules for resolving formal complaints filed against common carriers. Based on the Title III framework of the Communications Act of 1934, the Commission also provides rules to resolve data roaming complaints involving commercial mobile data service providers. The Commission uses the submitted information to determine the sufficiency of complaints and to resolve the merits of disputes between the parties. The accelerated docket process expedites the processing of certain complaints.

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Authorizing Statute(s): US Code: 47 USC 206 - 209 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 271(d)(6) Name of Law: null
   US Code: 47 USC 151 Name of Law: null
   US Code: 47 USC 154(i) - 154(j) Name of Law: null
   US Code: 47 USC 301 Name of Law: null
   US Code: 47 USC 303 - 304 Name of Law: null
   US Code: 47 USC 309 Name of Law: null
   US Code: 47 USC 316 Name of Law: null
   US Code: 47 USC 332 Name of Law: null
   US Code: 47 USC 1302 Name of Law: null
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AH83	Final or interim final rulemaking	76 FR 26199	05/06/2011

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 76293	05/06/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 44003	07/22/2011
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Procedures for Formal Complaints	FCC Form 485	Formal Complaint Intake Form
Procedures for Formal Complaints
Procedures for Formal Complaints
Procedures for Formal Complaints

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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	301	222	0	79	0	0
Annual Time Burden (Hours)	1,350	1,000	0	350	0	0
Annual Cost Burden (Dollars)	1,847,600	1,361,600	0	486,000	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: On April 7, 2011, the FCC released the Second Report and Order, Reexamination of Roaming Obligations of Commercial Mobile Radio Service Providers and Other Providers of Mobile Data Services, WT Doc. No. 05-265, FCC 11-52, which adopted a new data roaming rule requiring commercial mobile data service providers to offer data roaming arrangements to other such providers on commercially reasonable terms and conditions, subject to certain limitations. The revision reflects the probable increase in respondents that will result for the current collection, as a result of the use of these formal complaint procedures to resolve disputes over the new data roaming rule, as well as certain minor adjustments to necessary filing fees.

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Annual Cost to Federal Government: $34,720

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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: 07/26/2011

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