Sections 1.49 and 1.54, Forbearance Petition Filing Requirements

Forms and Documents

Document Name	Status
3060-1138 SS Final Version_2019 .doc Supporting Statement A	2019-04-04

IC Document Collections

IC ID	Document Title	Status
191053	Sections 1.49 and 1.54, Forbearance Petition Filing Requirements	Modified

ICR Details

OMB Control No: 3060-1138	ICR Reference No: 201903-3060-010
Status: Active	Previous ICR Reference No: 201604-3060-018
Agency/Subagency: FCC	Agency Tracking No: WCB
Title: Sections 1.49 and 1.54, Forbearance Petition Filing Requirements
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: 04/09/2019
	Date Received in OIRA: 04/09/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2022	36 Months From Approved	06/30/2019
Responses	2	0	11
Time Burden (Hours)	1,280	0	7,040
Cost Burden (Dollars)	0	0	0

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Abstract: Carriers may petition for "forbearance" from provisions of the Act and/or the FCC rules. Under the statute the FCC must make 3 complex determinations within 1 year. To act within 1 year, and to present a stable petition for comment, the FCC requires forbearance petitioners to state with specificity all relevant provisions, rules, carriers, services, geographic areas, and other factors; to apply each statutory criterion to each rule; to identify needed data that the petitioner lacks; to meet routine filing requirements at 47 C.F.R §1.49; and to send the petition to [email protected], together with supporting data (including market data) and any supporting statements.

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Authorizing Statute(s): US Code: 47 USC 10 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 154 (i), 154(j) Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 151 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 155(c) Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 160 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 201 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 303(r) 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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 1726	02/05/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 1726	02/05/2019
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
Sections 1.49 and 1.54, Forbearance Petition Filing Requirements

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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	2	11	0	0	-9	0
Annual Time Burden (Hours)	1,280	7,040	0	0	-5,760	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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/decreases to this information collection. Since the last submission to OMB, the total number of respondents and annual responses decreased by -9, and the total burden hours decreased by -5,760. The decrease in the Commission’s estimates are based on the most current available data for this collection, which shows a decline in the number of respondents seeking forbearance from the Commission. There are no program changes.

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Annual Cost to Federal Government: $312,456

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: 04/09/2019

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