Procedures for Formal Complaints

Forms and Documents

Document	Type	Status	Availability
Form FCC 485 Procedures for Formal Complaints - Private Sector	Form and Instruction	Modified	Available
Form FCC 485 Procedures for Formal Complaints - Individuals or Household	Form and Instruction	Modified	Repair queued
Form FCC 485 Procedures for Formal Complaints - Federal Government	Form and Instruction	Modified	Repair queued
Form FCC 485 Procedures for Formal Complaints - State, Local, or Tribal Governments	Form and Instruction	Modified	Available
0411 ss (Final 112017)_v2.docx	Supporting Statement A	Uploaded 2017-11-21	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
30107	Procedures for Formal Complaints - Private Sector	Form and Instruction	Modified
198530	Procedures for Formal Complaints - Individuals or Household	Form and Instruction	Modified
192737	Procedures for Formal Complaints - Federal Government	Form and Instruction	Modified
192736	Procedures for Formal Complaints - State, Local, or Tribal Governments	Form and Instruction	Modified

ICR Details

OMB Control No: 3060-0411	ICR Reference No: 201711-3060-005
Status: Historical Active	Previous ICR Reference No: 201506-3060-006
Agency/Subagency: FCC	Agency Tracking No: Enforcement Bureau
Title: Procedures for Formal Complaints
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Delegated
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/21/2017
	Date Received in OIRA: 11/21/2017
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2020	36 Months From Approved	11/30/2017
Responses	77	0	302
Time Burden (Hours)	1,937	0	1,348
Cost Burden (Dollars)	475,650	0	1,847,901

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Abstract: Sections 206 to 209 of the Communications Act of 1934, as amended, provides the statutory framework for the Commission's rules for resolving formal complaints filed against common carriers. In addition, Rule 20.12 (e) of the Commission's rules adopts the Section 208 formal complaint procedures for formal complaints against commercial mobile data service providers, except there is no remedy for damages. The information submitted is used by the Commission to determine the sufficiency of complaints and to resolve the merits of disputes between the parties. The accelerated docket process expedites the processing of certain complaints.

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Authorizing Statute(s): US Code: 47 USC 301, 303 - 304, 309, 316, 332 Name of Law: null
   US Code: 47 USC 206 - 209, 271(d)(6) Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 1302 Name of Law: null
   US Code: 47 USC 151, 154(i) - 154(j) Name of Law: null
  

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:
	82 FR 44181	09/21/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 44181	09/21/2017
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Procedures for Formal Complaints - Private Sector	FCC 485	Section 208 Formal Complaint Intake Form
Procedures for Formal Complaints - State, Local, or Tribal Governments	FCC 485	Section 208 Formal Complaint Intake Form
Procedures for Formal Complaints - Federal Government	FCC 485	Section 208 Formal Complaint Intake Form
Procedures for Formal Complaints - Individuals or Household	FCC 485	Section 208 Formal Complaint Intake Form

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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	77	302	0	0	-225	0
Annual Time Burden (Hours)	1,937	1,348	0	0	589	0
Annual Cost Burden (Dollars)	475,650	1,847,901	0	0	-1,372,251	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 adjustments to this information collection. We estimate 5 new proceedings a year which produce an estimated 77 responses annually. There is a decrease in the number of formal complaint proceedings filed annually and thus also in the total number of related ongoing pleading responses. In particular, new filings are reduced to 5 rather than 20 and, total annual responses are reduced from 302 to 77. Also, the Commission is reporting increases to this information collection. The total annual burden hours increased from 1,348 to 1,937. This increase was to due to an inadvertent omission because the burdens were not considered fully in our prior filing and for this reason there is an increase in those reporting aspects despite the overall decline in annual responses. Lastly, there is an increase in the total annual cost burden which results from an increase in the fee amount of $10 per formal complaint filed (requires using FCC Form 485); however, the total annual cost burden increases are offset by decreases to the previous estimates from $1,847,901 to $475,650. These estimates reflect adjustments to this information collection from the last submission to OMB based on more recent staff experience.

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Annual Cost to Federal Government: $17,460

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.     Yes

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.     Yes

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: 11/21/2017

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