The Commission is submitting this
revised information collection to the Office of Management and
Budget (OMB) to modify and extend the information collection
requirements under OMB control number 3060-1167. Sections 255 and
251(a)(2) of the Communications Act of 1934, as amended (Act) were
added by the Telecommunications Act of 1996. In adopting section
255 of the Act, Congress sought to ensure that all Americans,
including the approximately 54 million Americans with disabilities,
could benefit from advances in telecommunications services and
equipment. Section 255 requires manufacturers of
“telecommunications equipment or customer premises equipment” (CPE)
to ensure that such equipment is accessible to and usable by
individuals with disabilities, if readily achievable, and requires
providers of a “telecommunications service” to ensure that the
service is accessible to and usable by individuals with
disabilities, if readily achievable. Where such access is not
readily achievable, the manufacturer or service provider must
ensure that the equipment or service is “compatible with” existing
peripheral devices or specialized CPE commonly used by individuals
with disabilities to achieve access, if such compatibility is
readily achievable. Section 255(a) incorporates by reference the
ADA definitions of the terms “disability” and “readily achievable.”
Section 255(e) directs the Architectural and Transportation
Barriers Compliance Board, “in conjunction with the Commission,” to
develop “guidelines for accessibility of telecommunications
equipment and customer premises equipment.” Finally, section
251(a)(2) of the Act, which appears among the general duties of
telecommunications carriers, prohibits such carriers from
installing “network features, functions, or capabilities that do
not comply with the guidelines and standards established pursuant
to section 255.” In the 2015 Open Internet Order, the Commission
reclassified broadband Internet access service (BIAS) as a
telecommunications service that is subject to the Commission’s
regulatory authority under Title II of the Communications Act
regardless of the technological platform over which the service is
offered. Although the Commission exercised its forbearance
authority broadly, it did not forbear from applying section 255 of
the Communications Act and the Commission’s implementing rules to
providers of BIAS and manufacturers of equipment used for
BIAS.
This is a revised collection of
information that includes a program change. As a result of the 2015
Open Internet Order reclassifying BIAS as a telecommunications
service, the information collection requirements adopted in the
Section 255 Report and Order were extended to providers of BIAS and
manufacturers of equipment used for BIAS. However, the decreases in
the various estimates of respondents, responses, and costs has
resulted in a net decrease for this information collection. The net
decreases subtracted from OMB’s inventory as a result of these
revisions are as follows: (a) The Commission’s estimate for the
number of respondents has decreased by -5,008, from 9,549
respondents to 4,541 respondents; (b) The Commission’s estimate for
number of responses has decreased by -65,753, from 119,817
responses to 54,064 responses; (c) The Commission’s estimate for
the total annual burden hours has decreased by -253,959, from
409,378 hours to 155,419 hours; and (d) The Commission’s estimate
for the total annual costs has decreased by -$273,978, from
$291,488 to $17,510.
$5,528
No
No
No
No
No
Uncollected
Rosaline Crawford 202
418-2075
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:
(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;
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.