Application to Participate in a Toll Free Number Auction, FCC Form 833

Forms and Documents

Document Name	Status
TFAM Emergency PRA Supporting Statement 8.5.19.docx Supporting Statement A	2019-08-07
FCC-19-75A1.docx Supplementary Document	2019-08-02
Emergency Justification Letter (August 2019).pdf Supplementary Document	2019-08-01

IC Document Collections

IC ID	Document Title	Status
237277	Federal Government	New
237047	Individuals and Households Other-Screen Shots	New
237046	State, Local, and Tribal Government Other-Screen Shots	New
237045	Business or other-for profit Other-Screen Shots	New

ICR Details

OMB Control No: 3060-1264	ICR Reference No: 201907-3060-017
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: FCC	Agency Tracking No: WCB
Title: Application to Participate in a Toll Free Number Auction, FCC Form 833
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: 09/11/2019
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/09/2019
	Date Received in OIRA: 08/07/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2020	6 Months From Approved
Responses	200	0	0
Time Burden (Hours)	300	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The FCC's rules and related requirements are designed to ensure that the competitive bidding process for assigning toll free numbers is limited to qualified applicants, deter possible abuse of the bidding process, and enhance the use of competitive bidding to assign toll free numbers in furtherance of the public interest. Applicants will use FCC Form 833 to submit the required disclosures and certifications, and the information collected on FCC Form 833 will then be reviewed to determine if an applicant is qualified to bid in the 833 code toll free number auction (833 Auction). The 833 Auction will not be able to occur without the collection of information on FCC Form 833. Without the information collected on FCC Form 833, a determination of whether the applicant is qualified to bid in the 833 Auction cannot be made.

Emergency Justfication: The Commission sought comment on proposed procedures for conducting the 833 Auction, including applications, payments, and other auction policies and procedures. The final procedures for the 833 Auction were adopted by the Commission on August 1, 2019. The 833 Auction is scheduled for December 17, 2019. The Commission’s pre-auction process for evaluating auction applications and identifying qualified bidders in a typical auction—which Somos will draw upon for the 833 Auction—requires a substantial amount of staff review time. Due to the novelty of using an auction in the toll free context, we anticipate the amount of time needed to evaluate applications and identify qualified bidders for the 833 Auction is likely to be even more substantial. Therefore, in order to conduct the 833 Auction according to the schedule, Somos will need to receive applications to participate in the auction at least three months prior to the scheduled auction date. Given the timing for the auction, Somos will begin accepting FCC Form 833 applications in October 2019. Emergency processing is required because of the limited time between when the 833 Auction procedures were adopted by the Commission and when applicants must begin submitting their FCC Form 833 applications. There is good cause to grant emergency processing of this collection. First, relevant parties have already received notice of the collection. The 833 Order and the Toll Free Assignment R&O provided notice to interested parties about the auction and the general framework for the application and bidding. Requiring the Commission to seek OMB’s approval for this new collection under the regular PRA processing procedures would significantly delay the 833 Auction and, in turn, the assignment of toll free numbers in the 833 code to parties that participated in the 833 pre-code opening process and have been waiting for a significant amount of time (to their possible detriment) to obtain the numbers they requested. Moreover, if the Commission were to wait 120 days to formally notify the public and potential interested parties of its intent to collect this information on FCC Form 833, the Commission’s ability to begin accepting applications to participate in the 833 Auction may be substantially delayed. Emergency approval avoids a delay in assigning the mutually exclusive 833 code toll free numbers to subscribers who rely on these numbers for their businesses and non-profit organizations, as well as a delay in facilitating the ability of callers/customers trying to reach those businesses and organizations.

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Authorizing Statute(s): US Code: 47 USC 151, 154(i), 201(b), 251(e)(1) 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:
3060-AK91	Final or interim final rulemaking	83 FR 53377	10/23/2018

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 38629	08/07/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 38629	08/07/2019
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
State, Local, and Tribal Government
Individuals and Households
Business or other-for profit
Federal Government

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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	200	0	0	200	0	0
Annual Time Burden (Hours)	300	0	0	300	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 200 respondents, 200 responses, and 300 total estimated burden hours.

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Annual Cost to Federal Government: $0

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: 08/07/2019

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