47 CFR Part 1, Subpart J - Pole Attachment Complaint Procedures

Forms and Documents

Document Name	Status
PRA Supporting Statement for 2018 Revision to 3060-0392 12.4.18.docx Supporting Statement A	2018-12-04

IC Document Collections

IC ID	Document Title	Status
30053	47 CFR Part 1, Subpart J - Pole Attachment Complaint Procedures	Modified

ICR Details

OMB Control No: 3060-0392	ICR Reference No: 201810-3060-009
Status: Active	Previous ICR Reference No: 201802-3060-022
Agency/Subagency: FCC	Agency Tracking No: Enforcement Bureau
Title: 47 CFR Part 1, Subpart J - Pole Attachment Complaint Procedures
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/28/2019
	Date Received in OIRA: 12/06/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2022	36 Months From Approved	05/31/2021
Responses	1,791	0	1,775
Time Burden (Hours)	3,149	0	2,941
Cost Burden (Dollars)	486,000	0	450,000

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Abstract: The Commission seeks to revise a current collection necessitated by new presumptions in pole attachment complaint proceedings that incumbent local exchange carriers (ILECs) are similarly situated to other providers of telecommunications services for purposes of obtaining comparable pole attachment rates, terms, or conditions and that an ILEC may be charged no higher than the Commission-defined pole attachment rate for telecommunications carriers. The Commission will use the information collected under this revision to 47 CFR section 1.1413 to hear and resolve pole access complaints brought by ILECs and to determine the merits of the complaints.

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Authorizing Statute(s): US Code: 47 USC 4(i) Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 224 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 1 Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AK32	Final or interim final rulemaking	83 FR 46812	09/14/2018

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 48313	09/24/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 62863	12/06/2018
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
47 CFR Part 1, Subpart J - Pole Attachment Complaint Procedures

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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	1,791	1,775	0	16	0	0
Annual Time Burden (Hours)	3,149	2,941	0	208	0	0
Annual Cost Burden (Dollars)	486,000	450,000	0	36,000	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: The Commission is reporting a program change in the number of annual responses and annual burden hours associated with section 1.1413 as previously reported to OMB as part of this collection. These program changes are reflected in the supporting statement which result from the Commission’s change from a burden on incumbent LECs to a burden on utility pole owners to challenge a presumption favoring incumbent LECs in complaint proceedings. Otherwise, there are no adjustments to this information collection.

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Annual Cost to Federal Government: $168,075

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: 12/06/2018

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