The purpose of requiring this
collection is to comply with Middle Class Tax Relief and Job
Creation Act of 2012. The Middle Class Tax Relief and Job Creation
Act of 2012 provides that “the Governor shall choose whether to
participate in the deployment of the nationwide, interoperable
broadband network as proposed by [FirstNet,] or conduct its own
deployment of a radio access network in such State.”
On June 22, 2017, the
Federal Communications Commission (Commission) adopted a Report and
Order in this docket establishing Commission procedures for
administering the state opt-out process as provided under the
Public Safety Spectrum Act (1). Under Section 6302(e)(2) of the
Act, a Governor has 90 days from the receipt of notice of the final
state plan by FirstNet under Section 6302(e)(1) to “choose” whether
to participate in the NPSBN or elect for the state to conduct its
own RAN deployment (2). The Governor must submit that decision to
the Commission, which is a new information collection. This
collection is currently in the public comment period, which will
end October 2, 2017. However, we anticipate FirstNet will issue the
final state plans within the next two weeks. Governors may make a
decision at anytime thereafter. Therefore, we need OMB approval by
October 3, 2017 in order to both allow for the full 60-day comment
period and to meet our obligations under the Act.
------------------------------------------------- (1) See Middle
Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96,
126 Stat. 156 §§ 6001-6303, 6413 (codified at 47 U.S.C. §§
1401-1443, 1457) (“Public Safety Spectrum Act” or “Act”). See also
Procedures for Commission Review of State Opt-Out Requests from the
FirstNet Radio Access Network, PS Docket No. 16-269, Report and
Order, 32 FCC Rcd 5311 (2017) (Report and Order). (2) Public Safety
Spectrum Act, §6203(e)(1-2).
This is a new information
collection resulting in a program change/increase of 55
respondents, 110 responses and 26,414 annual burden hours. These
estimates will be added to OMB’s Active Inventory.
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.
Procedures for Commission Review of Opt-Out Request from the First