Supporting statement OMB 3060-0865 (2020)

Wireless Telecommunications Bureau Universal Licensing 3060-0865

And 3^rd Party Requirements April 2020

SUPPORTING STATEMENT

A. Justification:

1. On September 17, 1998, the Commission adopted an Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System (ULS) in the Wireless Telecommunications Service Report and Order. The Report and Order consolidated the Commission’s licensing rules, creating a single set for all wireless radio services. The Commission established a streamlined set of rules that minimized filing requirements; eliminated redundant, inconsistent, or unnecessary submission requirements; and assured ongoing collection of reliable licensing and ownership data.

On June 10, 1999, the Commission adopted an Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System (ULS) in the Wireless Telecommunications Service Memorandum Opinion and Order on Reconsideration. The purpose of the MO&O on Reconsideration was to revise and clarify certain rules based upon petitions for reconsideration of the Report and Order.

On June 7, 2010, the Commission adopted a Fourth Report and Order and Second Memorandum Opinion and Order in WT Docket No. 00-48, FCC 10-110.

This information collection contains personally identifiable information on individuals (PIA).

1. The FCC maintains a system of records notice (SORN), FCC/WTB-1, “Wireless Services Licensing Records,” that covers the collection, purpose(s), storage, safeguards, and disposal of the PII that individual wireless service licensees maintain under the various rule sections contained in this information collection (see item 12).

2. The FCC published this SORN most recently on April 5, 2006 (71 FR 17234).

3. Going forward, if the FCC makes substantive change to the Wireless Services Licensing Records, the Commission will conduct a full Privacy Impact Assessment of the SORN covered by FCC/WTB-1, update this SORN, publish a Notice in the Federal Register, and post these two documents on the FCC webpage, as required by OMB Memorandum, M-03-22 (September 22, 2003).

The Commission is seeking to extend this information collection for the next three years.

Statutory authority for this collection of information is contained in 47 U.S.C. Sections 154(i) and 309(j), as amended.

2. The Commission’s implementation of the electronic filing system via ULS has and will continue to enhance the productivity and response time of the Commission, applicants, licensees, and the public by making relevant licensing data in the wireless services available more quickly and at reduced cost. The information collection requirements that were newly implemented or modified by these items continue to be drastically streamlined and simplified. Previously, wireless applicants and licensees used a myriad of forms for various wireless services and types of requests, and the information provided on these applications has been collected in separate databases, each for a different group of services. That process has been drastically simplified and streamlined.

3. The ULS eliminates the filing of duplicative applications for wireless carriers; increases the accuracy and reliability of licensing information; and enables all wireless applicants and licensees to file all licensing-related applications and other filings electronically, thus increasing the speed and efficiency of the application process. The ULS also benefits wireless applicants/licensees by reducing the cost of preparing applications and speeds up the licensing process in that the Commission can introduce new entrants more quickly into this already competitive industry. Finally, ULS enhances the availability of licensing information to the public, which has access to all publicly available wireless licensing information on-line, including maps depicting a licensee's geographic service area.

4. This information is not duplicated by other Commission information collections nor is any other information available that would yield a desired result.

5. The Commission removed certain requirements and drastically reduced others, and the collection of this information assists small businesses by reducing costs due to the convenience of electronic filings versus manual filings. Extending this collection with no change in the burden maintains this assistance to small businesses.

6. If the information required in these collections were not maintained, important licensing data would not be available when needed by the Commission, other licensees, or the public. The information being collected is maintained in the normal course of business.

7. There are two instances in which special circumstances arise. First, geographic licensees in the LMDS, 220 MHz, and 800 MHz services must provide information about internal sites to third parties within ten days of request about such sites. Second, licensees must retain all required information until the license expires, which may represent a period of as long as ten years.

8. The Commission published a notice in the Federal Register on January 29, 2020 (85 FR 5209) seeking comment from the public on the information collection requirements contained in this collection.  No comments were received as a result of the Notice.

9. There were no payments or gifts that were provided to respondents.

10. There is a need for confidentiality with respect to all Private Land Mobile Radio service filers in this collection. Pursuant to § 208(b) of the E-Government Act of 2002, 44 U.S.C.A. § 3501, in conformance with the Privacy Act of 1974, 5 U.S.C. 552(a), the Wireless Telecommunications Bureau (Bureau) instructs licensees to use the FCC’s ULS, ASR, Commission Registration System (CORES), and related systems and subsystems to submit information.¹ CORES is used to receive an FCC Registration Number (FRN) and password, after which one must register all current call sign and Antenna Structure Registration (ASR) numbers associated with a FRN within the Bureau’s system of records (ULS database). Although ULS stores all information pertaining to the individual license via the FRN, confidential information is accessible only by persons or entities that hold the password for each account, and the Bureau’s licensing division staff. In requesting an FRN, the individual licensee is consenting to make publicly available, via the ULS database, all information that is not confidential in nature.

Information on the private land mobile radio licensees is maintained in the Commission’s system of records, FCC/WTB-1, “Wireless Services Licensing Records.” The licensee records will be publicly available and routinely used in accordance with subsection b. of the Privacy Act. TIN Numbers and material that is afforded confidential treatment pursuant to a request made under 47 CFR § 0.459 will not be available for public inspection. Any personally identifiable information (PII) that individual applicants provide is covered by a system of records, FCC/WTB-1, “Wireless Services Licensing Records,” and these and all other records may be disclosed pursuant to the Routine Uses as stated in this system of records notice.

11. This collection does not address any private matters of a sensitive nature with the exception of the personally identifiable information (PII) that individuals are required to maintain, as noted elsewhere in this supporting statement.

12. Annual Burden Hours:

Please see the chart below for the number of respondents, frequency of response, time per response, total annual burden hours. Our explanation of the estimates for each item follows the chart.

12-	Burden	Number of Respondents	Number of Responses	Time per Response (Hours)	Total Annual Burden Hours
a.	Sections 90.683, 90.763, and 101.61	110	110	1 .5	110 55
b.	Section 87.347	31	31	.50	15.5
c.	Sections 95.323 and 95.1723 (formerly Section 95.115)	604	604	.166	100
d.	Section 97.17	0	0	0	0
e.	Section 101.701	0	0	0	0
f.	Sections 22.709(b)(2), 22.803(b)(2), 22.875(d)(5), 22.929(b)(2), and 22.929(d)	0	0	0	0
g.	Sections 22.529(c) and 22.709(f)	939	939	1 .5	939 469.5
h.	Section 80.21	178	178	1	178
i.	Section 80.513	60	60	1	60
j.	Section 80.605	0	0	0	0
k.	Section 80.553	1	1	1	1
l.	Section 87.215	819	819	1	819
m.	Section 90.625	16,613 200	16,613 200	1 1	16,613 200
n.	Section 97.207	2 2 2	2 2 2	4 1 1	8 2 2
o.	Section 97.509	64,485	64,485	3 x .5	96,727.5
p.	Section 101.205	2	4	1.5	6
	TOTAL	84,048	84,050		116,305.5 Rounded to 116,306

Calculations of Hours: As with any licensing and operational plans, a certain number of regulatory burdens are necessary. We include the most current number of licensees and applicants according to the ULS and CORES databases (which identifies the number of licensees in each service by FRN Service Codes). There is a total of 84,050 licensees/applicants affected by the rule sections set out in this information collection.

1. Under Sections 90.683, 90.763, and 101.61, geographic licensees in the LMDS, 220 MHz, and 800 MHz services must maintain site information as part of their station records and to provide it to site-based incumbents upon request. Geographic licensees may need to provide site-based information to incumbent licensees to prevent harmful interference. See 47 CFR §§ 90.683, 90.763, 101.61. This permits the standardization of the information required for submission across services that comprise geographic area licenses. The burdens on applicants and licensees will be reduced by the elimination of certain information that is reported to the Commission.

According to the ULS database, there are 329 geographic licensees in the Local Multi-point Distribution Service (LMDS), 800 MHz service, and Phase II 220 MHz service. We estimate that 1/3 of the licensees (110) will be required to meet this burden per annum. Maintaining site-based information for a geographic market should require one hour per year of clerical time per licensee. It should take 30 minutes per licensee per year to satisfy third-party requests.

110 (licensees) x [1hr. (clerical) + .5 hrs. (3^rd party)] = 110 + 55 = 165 hrs.

Total “LMDS, 800 MHz and Phase II 220 MHz” hour burden: 165 hours.

2. Section 87.347 requires that an applicant for an aeronautical utility station operating on a Unicom frequency or the frequency 122.900 MHz must: maintain a list of the vehicle(s) in which the station is to be located; certify on the application that the applicant is the airport owner or operator, or a state or local government aeronautical agency, or that the airport owner or operator has granted permission to operate the vehicle(s) on the airport movement area; and certify that the Air Traffic Manager of the airport control tower approves the requested use of the tower or RCO frequency via the FCC Form 601. According to the ULS database, there are 31 applications per year pertaining to aeronautical utility stations operating on a Unicom frequency. Applicants meeting this requirement should require 30 minutes of clerical time per applicant per year.

31 (applicants) x .5 hrs. (clerical) = 15.5-- hrs.

Total “Aeronautical Utility Station Operator” hour burden: 468 hours.

3. Sections 95.323 and 95.1723 (replacing former Section 95.115) require that GMRS system licensees must make their stations and system records available for inspection, upon request, by authorized FCC representatives. According to the ULS database, there are approximately 60,458 GMRS system licensees. We estimate that less than 1% of these 60,458 licensees (605) will be subject to a request to inspect GMRS system records per year. Maintaining this information will require 10 minutes of clerical time.

604 (licensees) x 10 minutes or .166 hours (clerical) = 100 hrs.

Total “GMRS System Licensee” hour burden: 100 hrs.

4. Section 97.17 is covered under IC 3060-0850. Therefore, no calculations are reported in this information collection.

5. Section 101.701 is covered under IC 3060-0798. Therefore, no calculations are reported in this information collection.

6. Sections 22.709(b)(2), 22.803(b)(2), 22.929(b)(2), and 22.875(d)(5) were removed in the R&O. Therefore, no calculations are reported, in keeping with the initial submission.

7. Pursuant to 47 CFR 22.529(c) and 22.709(f), the applicant must maintain antenna information as part of their station records and provide it to incumbents upon request. Licensees may also need to provide antenna information to incumbent licensees to prevent harmful interference. (Section 22.929(d), which previously imposed a similar requirement on cellular licensees, was deleted in 79 FR 72143.)

According to the ULS database, there are 886 applications per year for new or modified stations in the Paging and Radiotelephone Service and Rural Radiotelephone Service. In the Air-Ground Radiotelephone Service, 53 applications were filed in the most recent year. We estimate a one hour timeframe for each application, the total of these two categories is 939 applications. Providing this information should require the expenditure of 1 hour of clerical time per year per applicant. There is an additional 30 minute burden for third-party disclosures.

939 (applications) x [1hr. (clerical) + .5 hrs. (3^rd party)] = (939 + 469.5) = 1,408.5

Total “Paging, Rural, Cellular, & Air-Ground Radiotelephone Licensee” hour burden: 1,408.5 hrs.

8. Section 80.21 requires an applicant for a new station on a vessel not located in the United States to submit, upon Commission request, a statement to the Commission that the vessel is not documented or registered by any foreign authority and that the foreign authority will not or cannot license the vessel radio equipment. Because the information that must be maintained is necessary to determine eligibility for a maritime station license, the maintenance of these records would be normal and customary business practice. According to the ULS database, there are approximately 533 vessels that are not currently located in the U.S. However, we expect to receive no more than 178 new applications for a new station on a vessel pursuant to Section 80.21 per year. Maintaining this information should require one hour of a clerical person’s time per year, per applicant.

178 (new applications) x 1 hr. (clerical) = 178 hours.

Total “Foreign Vessel Station licensee” hour burden: 178 hrs.

9. Section 80.513 requires that, in lieu of a field study, an applicant or licensee modifying an existing license may acquire a statement from a frequency coordinating committee, and must certify on the application concerning the recommendations of the coordinating committee via the FCC Form 601. According to the ULS database, there are currently 1.784 VHF private coast station licensees. Of those 1,784 licensees, we expect 178 who must meet this requirement. Of those 178, we expect there to be 60 applicants who will, on an annual basis, submit applications certifying the recommendations of the frequency coordinating committee. It should take 1 hour of clerical time per year, per applicant to maintain this information.

60 (applicants) x 1 hr. (clerical) = 60 hours.

Total “VHF Private Coast Station licensee” hour burden: 60 hrs.

10. Requirements for § 80.605 appear in OMB control no. 3060-0325. Therefore, the hour and cost burdens are not included in this information collection.

11. Section 80.553 requires that an applicant for an operational fixed station certify, in an attachment to FCC Form 601, that it is the licensee of a coast station and that other suitable telecommunication facilities are not available to satisfy coast station requirements. All maritime applicants or licensees must submit FCC Form 601 in order to acquire a license. Therefore, this certification would not warrant an extensive time increase. According to the ULS database, there is currently 1 operational fixed station licensee. It is expected that 1 application for an operational fixed station will be received per year. Maintaining the information should require an expenditure of 1 hour of clerical time per year, per applicant.

1 (applicant) x 1 hr. (clerical) = Total “Operational Fixed Station licensee” hour burden: 1 hr.

12. Section 87.215 requires that an applicant for a UNICOM station must certify upon application that notice has been given to the owner of the airport and related aviation service organizations that it intends to file an application with the Commission. No recordkeeping burden has been added. According to the ULS database, there are currently 1,648 UNICOM station licensees. Of those 1,648 UNICOM licensees, 819 applicants are expected to certify that notice has been given per year. Maintaining the information should require an expenditure of 1 hour of clerical time per year, per applicant.

819 (applications) x 1 hr. (clerical) = 819 hours.

Total “Unicom Station licensee” hour burden: 819 hrs.

13. Section 90.625 requires that an applicant must certify on its application via FCC Form 601 that a channel will be loaded to seventy mobile stations for its exclusive use in the area in which it proposes to operate. Additionally, according to Section 90.621(e)(5) (i.e., public safety) and (f) (i.e., business radio), the frequency coordinator must certify that frequencies are not available in the applicant's own category, and coordination is required from the applicable out‑of‑category coordinator. According to the ULS database, there are currently 83,064 licensees in the Business or Industrial/Land Transportation category channels. We estimate that 20% of these licensees (16,6135,508) will request modification of their licenses to authorize use of the channels. Further, we estimate that approximately 200 new licensees may be affected by these rules on an annual basis. Providing this information should require a total of 1 hour of clerical time per year, per applicant.

16,613 (applications) + (200) (out-of-category coordinators) x 1 hr. (clerical) = 16,613 hours.

Total “Business or Industrial/Land Transportation licensee” hour burden: 16,813 hrs.

14. Section 97.207 requires that the license grantee of each space station must make one written pre-space notification, one written in-space notification, and one written post-space notification to the FCC’s International Bureau. We are estimating that space travel will occur approximately twice a year. 71 FR 66460 changed the pre-space notification requirement from two to one.

It is expected that the following respondent and burden hours will be involved in this collection:

Pre-space: 21 respondent x 1 notification per year at 4 hours each = 8 hours.

In-space: 2 respondent x 1 notification per year at 1 hour each = 2 hours.

Post-space: 2 respondent x 1 notification per year at 1 hour each = 2 hours.

Total “Space Travel” annual hour burden: 12 hours.

15. Section 97.509 requires that Volunteer Examiners (VEs) must certify, on the examinee’s application document, that the examinee is qualified for the license grant and that the VEs have complied with the administering VE requirements. According to the ULS database, there are currently 781,028 Amateur Operator licensees. It is expected that approximately 64,485 applications will be filed per year with three certifications required for each application. Each certification would require the expenditure of 30 minutes. Therefore, there are a total of 64485 applicants subject to this requirement.

64,485 (applications) x 3 (certs/application) x .5 (hrs.) = 96,727.5 hours.

Total “Amateur Operator licensee” annual hour burden: 96,727.5 hrs.

p) Section 101.205 requires that licensees notify the Commission stating the nature of any emergency use of its station, to what use the station will be put, and when the special use of the station is terminated. It is expected that 2 licensees will file emergency notifications with the Commission per year. Each notification will require two notices:

(1) each notification of emergency use will take 1 hour; and (2) each notification of discontinuation of emergency use will take 30 minutes.

2 (respondents) x 2 (notifications) x [1.5 hrs. (notification)] = 6 hours.

Total “Emergency/Discontinuance of Station Usage” hour burden: 6 hrs.

Cumulative Totals:

Total Number of Respondents: 84,048.

Total Annual Number of Responses: 84.050.

Total Annual Burden Hours: 116,306 hours.

In-House Cost: The Commission estimates that licensees will use in-house staff to provide the information, maintain the records and prepare the necessary third-party disclosure documents. We estimate that each requirement will require 30 minutes per respondent at approximately $20 per hour.

116,306 hours x $20/hr. = $2,326,120.

Total Annual In-House Cost: $2,326,120.

13. There are no annual costs for this collection.

14. There are no costs to the Federal Government.

15. There are no program changes to this collection. The Commission revised the burden to this collection because we found that a lot of the figures have changed since the collection was last approved by OMB. Therefore, the following adjustments are reported for this collection: +21,558 to the number of respondents, -84,858 to the annual number of responses and +27,379 to the annual burden hours.

16. The results of these information collections will not be published.

17. We do not seek approval to not display the expiration date for OMB approval of the information collection.

18. There is no exception to the certification statement.

B. Collections of Information Employing Statistical Methods:

No statistical methods are employed.

1 These instructions have been approved by the Office of Management and Budget (OMB) under Control Number 3060-1042.