60 day Federal Register Notice

38534

Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Notices
SUPPLEMENTARY INFORMATION:

FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission,
Comments Requested
Federal Communications
Commission.
ACTION: Notice; request for comments.
AGENCY:

As part of its continuing effort
to reduce paperwork burden and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501—
3520), the Federal Communications
Commission (FCC) invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection(s).
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and further
ways to reduce the information burden
for small business concerns with fewer
than 25 employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid OMB Control
Number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a valid Control
Number.

SUMMARY:

Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before September 8,
2014. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Submit your PRA comments
to Leslie F. Smith, Office of Managing
Director (OMD), Federal
Communications Commission (FCC), via
the Internet at [email protected]. To
submit your PRA comments by email,
send them to [email protected].
FOR FURTHER INFORMATION CONTACT: For
additional information, contact Leslie F.
Smith at (202) 418–0217, or via the
Internet at [email protected].

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DATES:

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OMB Control Number: 3060–0411.
Title: Procedures for Formal
Complaints.
Form Number: FCC Form 485.
Type of Review: Extension of a
currently-approved collection.
Respondents: Individuals or
households, business or other for-profit
entities, not-for-profit institutions,
federal government, and state, local, or
tribal governments.
Number of Respondents and
Responses: 20 respondents; 301
responses.
Estimated Time per Response: 1–60
hours.
Frequency of Response:
Recordkeeping requirement, onoccasion reporting requirement, and
third party disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. 151, 154(i),
154(j), 206, 207, 208, 209, 301, 303, 304,
309, 316, 332, and 1302.
Total Annual Burden: 1,349 hours.
Total Annual Cost: $1,847,900.
Nature and Extent of Confidentiality:
47 CFR Section 1.731 provides for
confidential treatment of materials
disclosed or exchanged during the
course of formal complaint proceedings
when the disclosing party has identified
the materials as proprietary or
confidential. In the rare case in which
a producing party believes that section
1.731 will not provide adequate
protection for its assorted confidential
material, it may request either that the
opposing party consent to greater
protection, or that the staff supervising
the proceeding order greater protection.
Privacy Act Impact Assessment: The
information collection requirements
may affect individuals or households.
As required by the Privacy Act of 1974,
as amended, 5 U.S.C. 552a, and OMB
regulations, M–03–22 (September 22,
2003), the FCC has completed both a
system of records, FCC/EB–5,
‘‘Enforcement Bureau Activity Tracking
System,’’ and a Privacy Impact
Assessment (PIA), to cover the
collection, maintenance, use, and
disposal of all personally identifiable
information (PII) that may be submitted
as part of a formal complaint filed
against a common carrier:
(a) The system of records notice
(SORN), FCC/EB–5, ‘‘Enforcement
Bureau Activity Tracking System
(EBATS),’’ was published in the Federal
Register on December 14, 2010 (75 FR
77872) and became effective on January
24, 2011. It is posted on the FCC’s
Privacy Act Web page at: http://

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www.fcc.gov/omd/privacyact/recordssystems.html.
(b) The initial Privacy Impact
Assessment (PIA) was completed on
May 22, 2009. However, with the
approval of the FCC/EB–5, ‘‘EBATS,’’ on
January 24, 2011 and supplementation
expected in Fall 2014, the Commission
is now updating the PIA to include the
information that is contained in this
SORN.
Statutory authority for this
information collection is contained in
47 U.S.C. 151, 154(i), 154(j), 206, 207,
208, 209, 301, 303, 304, 309, 316, 332,
and 1302.
Needs and Uses: Sections 206–209 of
the Communications Act of 1934, as
amended (the ‘‘Act’’), provide the
statutory framework for adjudicating
formal complaints against common
carriers. To resolve complaints between
providers regarding compliance with
data roaming obligations, Commission
Rule 20.12(e) adopts by reference the
procedures already in place for
resolving Section 208 formal complaints
against common carriers, except that the
remedy of damages, is not available for
complaints against commercial mobile
data service providers.
Section 208(a) authorizes complaints
by any person ‘‘complaining of anything
done or omitted to be done by any
common carrier’’ subject to the
provisions of the Act.
Section 208(a) states that if a carrier
does not satisfy a complaint or there
appears to be any reasonable ground for
investigating the complaint, the
Commission shall ‘‘investigate the
matters complained of in such manner
and by such means as it shall deem
proper.’’ Certain categories of
complaints are subject to a statutory
deadline for resolution. See, e.g., 47
U.S.C. 208(b)(1) (imposing a five-month
deadline for complaints challenging the
‘‘lawfulness of a charge, classification,
regulation, or practice’’); 47 U.S.C.
271(d)(6) (imposing a 90-day deadline
for complaints alleging that a Bell
Operating Company has ceased to meet
conditions imposed in connection with
approval to provide in-region
interLATA services).
Formal complaint proceedings before
the Commission are similar to civil
litigation in federal district court. In
fact, under section 207 of the Act, a
party claiming to be damaged by a
common carrier may file its complaint
with the Commission or in any district
court of the United States, ‘‘but such
person shall not have the right to pursue
both such remedies’’ (47 U.S.C. 207).
The Commission has promulgated rules
(Formal Complaint Rules) to govern its
formal complaint proceedings that are

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Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Notices
similar in many respects to the Federal
Rules of Civil Procedure. See 47 CFR
Sections 1.720–1.736. These rules
require the submission of information
from the parties necessary to create a
record on which the Commission can
decide complex legal and factual issues.
As described in section 1.720 of the
rules, the Commission resolves formal
complaint proceedings on a written
record consisting of a complaint, answer
or response, and joint statement of
stipulated facts, disputed facts and key
legal issues, along with all associated
affidavits, exhibits and other
attachments.
This collection of information
includes the process for submitting a
formal complaint against a common
carrier. The Commission uses this
information to determine the sufficiency
of complaints and to resolve the merits
of disputes between the parties. The
Commission bases its orders in formal
complaint proceedings upon evidence
and argument produced by the parties
in accordance with the Formal
Complaint Rules. If the information
were not collected, the Commission
would not be able to resolve common
carrier-related complaint proceedings,
as required by section 208 of the Act.
In addition, the Commission has
adopted most of this formal complaint
process to govern data roaming
complaints. Specifically, the
Commission has extended, as
applicable, the procedural rules in the
Commission’s Part I, Subpart E rules, 47
CFR Sections 1.716–1.718, 1.720, 1.721,
and 1.723–1.735, to disputes arising out
of the data roaming rule contained in 47
CFR Section 20.12(e). Therefore, in
addition to being necessary to resolve
common carrier-related complaint
proceedings, this collection of
information is also necessary to resolve
data roaming-related complaint
proceedings.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2014–15880 Filed 7–7–14; 8:45 am]
BILLING CODE 6712–01–P

tkelley on DSK3SPTVN1PROD with NOTICES

FEDERAL COMMUNICATIONS
COMMISSION
Information Collection Being
Submitted to the Office of Management
and Budget for Review and Approval
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:

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16:48 Jul 07, 2014

Jkt 232001

As part of its continuing effort
to reduce paperwork burden and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communications
Commission invites the general public
and other Federal agencies to take this
opportunity to comment on the
following information collection(s).
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information burden
for small business concerns with fewer
than 25 employees. The FCC may not
conduct or sponsor a collection of
information unless it displays a
currently valid OMB control number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a valid OMB control
number.
DATES: Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before August 7, 2014.
If you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Submit your PRA comments
to Nicholas A. Fraser, Office of
Management and Budget, via fax at 202–
395–5167 or via Internet at Nicholas_
[email protected] and to Benish
Shah, Federal Communications
Commission, via the Internet at
[email protected]. To submit your
PRA comments by email send them to:
[email protected].
FOR FURTHER INFORMATION CONTACT:
Benish Shah, Office of Managing
Director, (202) 418–7866.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–XXXX.
Title: Section 15.407(j), U–NII
Operator Filing Requirement.
Form Number: N/A.
Type of Review: New collection.
Respondents: Businesses or other forprofit.
Number of Respondents: 17
Respondents; 17 Responses.
SUMMARY:

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38535

Estimated Time per Response: 32
hours.
Frequency of Response: On occasion
one time reporting, recordkeeping and
third party disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. 154(i), 301,
302a, 303(e), 303(f), 303(g) and 303(r).
Total Annual Burden: 544 hours.
Total Annual Costs: N/A.
Nature and Extent of Confidentiality:
There is no need for confidentiality.
Privacy Act Impact Assessment: N/A.
Needs and Uses: The Commission
will submit this information collection
to the Office of Management and Budget
(OMB) to obtain the full year three year
clearance from them. The Commission
is requesting approval of this
information collection.
On March 31, 2014, the Commission
adopted a First Report and Order,
Revision of Part 15 of the Commission’s
Rules to Permit Unlicensed National
Information Infrastructure (U–NII) in the
5 GHz Band, ET Docket No. 13–49, FCC
14–30. Section 15.407(j) of the
Commission’s rules established filing
requirements for U–NII operators that
deploy a collection of more than one
thousand outdoor access points with the
5.15–5.25 GHz band, parties must
submit a letter to the Commission
acknowledging that, should harmful
interference to licensed services in this
band occur, they will be required to take
corrective action. Corrective actions
may include reducing power, turning off
devices, changing frequency bands, and/
or further reducing power radiated in
the vertical direction. This material
shall be submitted to Laboratory
Division, Office of Engineering and
Technology, Federal Communications
Commission, 7435 Oakland Mills Road,
Columbia, MD, 21046 Attn: U–NII
Coordination, or via Web site at
https://www.fcc.gov/labhelp with the
Subject Line: ‘‘U–NII–1 Filing’’.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2014–15882 Filed 7–7–14; 8:45 am]
BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS
COMMISSION
Information Collection Being
Submitted for Review and Approval to
the Office of Management and Budget
Federal Communications
Commission.

AGENCY:

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