Sections 1.49 and 1.54, Forbearance Petition Filing Requirements

Forms and Documents

Document	Type	Status	Availability
1138_ss_041813.doc	Supporting Statement A	Uploaded 2013-04-23	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
191053	Sections 1.49 and 1.54, Forbearance Petition Filing Requirements		Modified

ICR Details

OMB Control No: 3060-1138	ICR Reference No: 201301-3060-012
Status: Historical Active	Previous ICR Reference No: 200910-3060-015
Agency/Subagency: FCC	Agency Tracking No: WCB
Title: Sections 1.49 and 1.54, Forbearance Petition Filing Requirements
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/07/2013
	Date Received in OIRA: 04/23/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2016	36 Months From Approved	06/30/2013
Responses	11	0	10
Time Burden (Hours)	7,040	0	6,400
Cost Burden (Dollars)	0	0	0

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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."

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Authorizing Statute(s): US Code: 47 USC 151 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 154 (i), 154(j) Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 155(c) 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(r) Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 10 Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 6102	01/29/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 21121	04/09/2013
Did the Agency receive public comments on this ICR? No

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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

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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	11	10	0	0	1	0
Annual Time Burden (Hours)	7,040	6,400	0	0	640	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Commission is reporting a slight adjustment increase in burden which is due to more accurate estimates of the number of annual responses, which led to the addition of one respondent. Therefore, the total annual burden increased by 640 hours.

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Annual Cost to Federal Government: $149,772

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: 04/23/2013

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