Procedures for Commission Review of State Opt-Out Request from the FirstNet Radio Access Network.

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Information collection document groups

IC ID	Collection	Type	Status	Form
228419	Procedures for Commission Review of Opt-Out Request from the First		New

ICR Details

OMB Control No: 3060-1245	ICR Reference No: 201709-3060-017
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: FCC	Agency Tracking No: PSHSB
Title: Procedures for Commission Review of State Opt-Out Request from the FirstNet Radio Access Network.
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 10/03/2017
OIRA Conclusion Action: Preapproved	Conclusion Date: 10/05/2017
	Date Received in OIRA: 09/22/2017
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2018	6 Months From Approved
Responses	110	0	0
Time Burden (Hours)	26,414	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: 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.”

Emergency Justfication: 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).

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Authorizing Statute(s): PL: Pub.L. 112 - 96 126 Stat 156 Name of Law: Middle Class Tax Relief and Job Creation Act of 2012
   US Code: 47 USC 1401-1443 Name of Law: null
   US Code: 47 USC 1457 Name of Law: null
   PL: Pub.L. 112 - 96 6001-6303 Name of Law: Public Safety Spectrum Act
   PL: Pub.L. 112 - 96 6413 Name of Law: Public Safety Spectrum Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AK52	Final or interim final rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 35778	08/01/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 35778	08/01/2017
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Procedures for Commission Review of Opt-Out Request from the First

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ICR Summary of Burden

table that charts list of burden

	Total Request	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	110	0	0	110	0	0
Annual Time Burden (Hours)	26,414	0	0	26,414	0	0
Annual Cost Burden (Dollars)	0	0	0	0	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: 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.

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Annual Cost to Federal Government: $8,443

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 09/22/2017

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